The Punjab and Haryana High Court has ruled that couples in live-in relationships are entitled to legal protection if they face threats, even when one of them is already married to another person. The ruling came from a Division Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma in the case Yash Pal and Another vs State of Haryana and Others.
The court emphasized that personal autonomy and the right to choose a partner are protected under Article 21 of the Constitution. It clarified that live-in couples cannot be denied protection of life and liberty simply because one partner is married.
The Bench stated:
“If tangible threats are posed to such couples by families or vigilantes, they are entitled to seek protection.”
However, the court also highlighted the welfare of minor children involved in such relationships. It noted that while financial maintenance may be granted, true care and emotional support for a child come from parental love and presence. Courts, therefore, may condition protection orders on ensuring the well-being and upbringing of minor children.
The ruling came after a reference was made due to conflicting single-judge decisions on whether live-in couples, where one partner is married, can claim protection.
The High Court relied on several Supreme Court judgments, including Joseph Shine vs Union of India, which decriminalized adultery, to strengthen its reasoning.
Key Observations by the Court:
- Live-in couples, even if one partner is married, have the right to seek protection under Article 21.
- Protection for such couples cannot be denied solely based on marital status.
- Minors cannot enter into live-in relationships as they lack legal capacity to consent under the Guardianship and Minority Acts.
- District Legal Services Authorities and State Human Rights Commissions should be approached first before involving police to avoid burdening the force.
This decision reinforces the right to personal liberty and choice, while also balancing the responsibility towards the welfare of children.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
