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

Background

• The petitioners, GulzarKumari, aged 19, and Gurwinder Singh aged 22 years stated that they were living together and intended to get married soon. But they couldn’t get married as the woman’s documents, required for marriage were in possession of the woman’s family.
• The petitioner couple through their counsel, Advocate J. S. Thakur submitted that they have been in a relationship since past four years but are facing opposition from the woman’s side of the family for the inter-caste marriage. They claimed threat to their lives from Ms.Kumari’s family.
• After being threatened by the woman’s family, the couple had given a representation in April to the concerned SSP of Punjab police through mail. However, as they were still receiving threats they decided to move to the court to seek protection and security.

Live in Relationships and Indian Judiciary

• After reviewing a number of cases, it becomes evident that the Indian Judiciary still treats live in relationships differently.
• Only stable and reasonable long period relationships between the parties are given the benefit of Protection of Women from Domestic Violence Act, 2005.
• The P&H High Court last year held that, just because the boy isn’t of marriageable age but a major, the petitioners cannot be denied the right to live together and the High Court held the couple’s right to live together.
• However, in contrast to this, the Supreme Court had taken an entirely different view. A three judge bench, in May 2018 held that an adult couple had a right to live together even without marriage.

Court’s Observation in this case

• Just a few days ago, the High Court through Justice A. Kshetrapal dismissed another petition by a live in couple stating that “if such a protection is granted, the entire social fabrication of the society would be disturbed.”
• The Punjab and Haryana High Court on March 10, 2021 registered its displeasure of ‘new concept of contractual live in relationships’ backed by a deed stating that the relation is a non-marital one.
• The Punjab and Haryana High Court while dismissing the couple’s petition for grant of protection, recently observed that live in relationships are socially and morally unacceptable.
• On hearing the matter, the bench of Justice H. S. Madaan held that, “As a matter of fact, the petitioners in the garb of filing the present petition are seeking approval on their live-in relationship, which is morally and socially unacceptable and no protection order in the petition can be passed.” Stating thus, the Court dismissed the petition.

What do you think of this order?