Every Individual is Entitled to Equal Protection of Laws, Irrespective of the Nature of Relationship Whether Married or Not – Punjab & Haryana High Court  in Live-In Relationships

The Punjab & Haryana High Court, in a landmark judgment, has reinforced the right to life and liberty of individuals in live-in relationships, acknowledging their entitlement to protection under the law. The court, led by Hon’ble Mr. Justice Jasjit Singh Bedi, adjudicated a petition filed under Article 226 of the Constitution, seeking protection for a live-in couple against threats from family members.

The petitioners, involved in a live-in relationship, approached the court for safeguarding their life and liberty, citing threats from family and relatives. Justice Bedi, referring to Article 21 of the Constitution, emphasized the importance of protecting the fundamental rights of individuals, regardless of the nature of their relationship.

The case involved a couple living together outside the bounds of marriage, with the woman previously married and having a child from that wedlock. They faced opposition and threats from their families, leading them to seek legal protection.

Recognition of Live-In Relationships: The court noted the increasing social acceptance of live-in relationships, stating, “Live-in relationships, though not universally accepted, are recognized by law and individuals involved are entitled to equal protection under the law.”

Protection Beyond Marital Status: Despite the legal status of the relationship and existing criminal cases, the court prioritized the protection of life and liberty, setting aside the legality of the relationship.

Directions to Authorities: Respondent No. 2 was directed to assess the threat perception to the petitioners and take appropriate action, albeit without hindering any legal action against the petitioners if justified.

Decision of the Court: The court disposed of the petition, granting protection to the petitioners, and directed the authorities to assess and respond to the threat perception. However, it clarified that this order does not prevent legal proceedings against the petitioners if necessary.

Date of Decision: 02.04.2024.

VARISHA AND ANOTHER vs. STATE OF HARYANA AND OTHERS