HC GRANTS PROTECTION TO LIVE-IN COUPLE

“Punjab and Haryana High Court has held in a petition submitted under Article 226/227 ofthe Constitution of India gave directions to respondent to protect their lives and liberty fromany danger at the hands of the respondents.”

A single bench of Justice Arun Kumjar Tyagi while hearing the present criminal writ petition passed the order for protection of the live-in couple. The present petition is presented by PushpaDevi and Another under Article 226/227 [Power of the High Court to issue certain writs] of the Constitution of India. The case involved a woman aged 21 years and a man aged 19 years, who are living together as a live-in couple. The petitioner has pleaded for protection and asked for issuance of directions torespondents in respect to protect their life and liberty against therespondents.In the present case both woman and man have attained the legal age of majority which is 18 years in India, however the boy hasnot attained the legal age of marriage applicable to the couple inIndia. The legal marriage age according to the Hindu Marriage Act and Special Marriage Act is 18 years for girls and 21 years for Boys.The petitioners have also contended that after the boy attains the legal age of marriage they will tie knot and will legally solemnize. Also, as they are major they can act according to themselves without the interference of anybody including theirfamily and friends. The petitions also contended that the respondents are forcibly making girls i.e. petitioner no. 1, marry another man against her will and choice. They have also threatened to kill both the petitioners for the sake of family’spride and prestige.Against such actions, on July 2, 2021, the petitioners made arepresentation to the Senior Superintendent of Police, MohaliDistrict requesting the protection. They were seeking theprotection against the threats made by the respondents, however no actions were taken on their side so far. Therefore, the petitioners approached the Hon’ble court to direct the respondents for issuance of the protection of lives and liberty of the petitioners.

The court after hearing the claims held that the petitioner being major according to the law of land, therefore can have a live-in relationship and are also entitled to the protection against anyharm by the respondents.The Court sent the copy of the order and petition to the Superintendent of Mohali District for the compliance. It also directed the respondent no. 2, the superintendent to look into the grievance of the petitioner and to take appropriate action for the protection of their lives and liberty as may be warranted by the circumstances.

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