In Garb Of Protection Petition, Live-In Couple Seek Seal Of Approval On Socially And Morally Unacceptable Relationship: P&H High Court

Justice HS Madaan, in a terse order, charge the couple with approaching the Court so as to obtain a seal of approval on their "morally and socially not acceptable" relationship.

"As a matter of fact, the petitioners in the garb of filing the present petition are seeking seal of approval on their live-in-relationship, which is morally and socially not acceptable and no protection order in the petition can be passed"

With this remark, the High Court dismissed their prayer for protection.

Just six days ago, the High Court through Justice Anil Kshetarpal dismissed another protection petition by a live-in couple noting that "if such protection as claimed is granted, the entire social fabric of the society would get disturbed.'"

The Court had said,

"Petitioner no.1 (Girl) is barely 18 years old whereas petitioner no.2 (Boy) is 21 years old. They claim to be residing together in a live-in relationship and claim protection of their life and liberty from the relatives of petitioner no.1 (Girl)."

Further, the Court opined,

"If such protection as claimed is granted, the entire social fabric of the society would get disturbed. Hence, no ground to grant the protection is made out."

The Punjab & Haryana High Court on March 10, 2021 registered its disapproval of 'new concept of contractual Live-In-Relation' backed by a deed, wherein parties state that their live-in-relationship is not 'Marital Relationship'.

The Bench of Justice Arvind Singh Sangwan had opined that "especially stating (in the deed) that it is not a 'Marital Relationship' is nothing but the misuse of the process of law as it cannot be morally accepted in society."

In contrast, the Punjab and Haryana High Court last year held that merely because the boy is not of marriageable age (though major) the right of petitioners to live together cannot be denied.

Noting that "Parents cannot compel a child to live a life on their terms and that every adult individual has a right to live his or her life as he or she deems fit", the High Court upheld a couple's right to be in a live in relationship.

Click here to download the order