Not for courts to judge couple's decision to stay in live-in relationship: HC

The Punjab and Haryana High Court has granted protection to a young couple involved in a livein relationship observing that it is not for the courts to judge them if they want to stay together without sanctity of marriageThe order of the single bench came following a petition by a 17yearold girl and a 20yearoldman from Punjabs Bathinda who sought protection of their life and liberty from the family members of the formerThe court also observed that honour killings were prevalent in northern parts of India particularly in parts of Punjab Haryana Rajasthan and Uttar Pradesh and said it is for the state to ensure protection of such couplesAlso Read Madras HCrsquos historic verdict to end prejudice against LGBTQIA peopleThe petitioners submitted that the parents of the girl wanted her to marry a person of their choice as they had come to know about her relationship She left her parents home and started living with her partnerThey decided to live together till such time as they could solemnise a marriage on attaining the marriageable ageThey further submitted that they had approached the Bathinda Senior Superintendent of Police seeking protection but there had not been any responseFollowing a notice of motion the Punjab Assistant Advocate General submitted that the couple seeking protection were not married and according to their own pleadings were in a livein relationshipHe further submitted that the coordinate benches have recently dismissed similar matters where protection was sought by persons who are in livein relationshipIt would be a travesty of justice in case protection is denied to persons who have opted to reside together without the sanctity of marriage and such persons have to face dire consequences at the hands of persons from whom protection is sought In case such a course is adopted and protection denied the courts would also be failing in their duty to provide its citizens a right to their life and liberty as enshrined under Article 21 of the Constitution of India and to uphold to the Rule of lawrdquo Justice Sant Parkash wrote in his June 3 orderldquoThe petitioners herein have taken a decision to reside together without the sanctity of marriage and it is not for the courts to judge them on their decisionrdquo the judge observedWhile observing that one cannot lose sight of honour killings prevalent in northern parts of India particularly in parts of states of Punjab Haryana Rajasthan and Uttar Pradesh the judge said ldquoIt is for the State at this juncture to ensure their protection and their personal libertyrdquoldquoIf the petitioners herein have not committed any offence this court sees no reason as to why their prayer for grant of protection cannot be acceded to Therefore with due respect to the judgments rendered by coordinate benches who have denied protection to couples who are in livein relationship this court is unable to adopt the same viewrdquo the single bench said in its orderThe court directed the Bathinda SSP to grant the protection to the petitionersSome benches have earlier given different verdicts in matters pertaining to livein relationshipsA single bench of Justice H S Madaan in his May 11 order had said a liveinrelationship is morally and socially not acceptable while dismissing a petition of a runaway couple from Punjab seeking protection of their life and libertyJustice Sudhir Mittal of the high court in the May 18 order had granted protection to a Haryana couple who were in a livein relationship while observing that social acceptance of such relationships is on the increaseThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever