Court Upholds Right to Protection for Live-in Couples, Even if One Partner is Married
The Punjab and Haryana High Court recently ruled that live-in couples facing threats are entitled to protection, even if one partner is already married. The decision was made by a Division Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma while addressing a reference made by a single-judge bench due to conflicting earlier rulings on similar matters.
In their ruling, the judges emphasized that, despite the socio-moral implications of such relationships, individuals in live-in arrangements have the right to personal autonomy. This extends to cases where one partner is already married and faces threats from family or societal groups. The Court ruled that such couples are entitled to protection if their safety is jeopardized by external threats.
The Court, however, clarified that if the live-in relationship involves a parent with a minor child, additional care must be taken to ensure the child’s welfare. The parent must ensure the child’s emotional and physical needs are met, and courts may impose conditions to protect the child’s well-being.
The Division Bench also acknowledged the burden such cases place on law enforcement and suggested alternative mechanisms for live-in couples seeking protection. They recommended that couples first approach the District Legal Services Authority or the State Human Rights Commission for assistance. If these channels fail, the couple can then petition the courts.
The High Court also addressed the issue of minors in live-in relationships, ruling that minors lack the legal capacity to enter into such arrangements. Courts must act as guardians for minors, ensuring their safety and well-being, and may place minors in protective homes until they reach adulthood.
The ruling builds on previous Supreme Court decisions, such as Joseph Shine vs. Union of India, which decriminalized adultery and upheld individual freedom of choice, including in matters of relationships.
(With inputs from agency)
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