Live In Relation: Opposed By Husband : Right to life and liberty includes the right to choose partner of choice: P&H HC

The Punjab and Haryana High Court has recently held that every person, especially a major, has the right to live their life with a person of their choice. The Court made this observation while disposing of a criminal writ petition filed under Articles 226/227 of the Constitution of India, seeking directions to protect the life and liberty of the petitioners.

The petitioners, Rina Rani and another, were in a live-in relationship and wanted to marry each other despite opposition from the respondent's side. The first petitioner was previously married to respondent no. 4, who allegedly maltreated and physically assaulted her. The petitioners sought protection from the court.

The court noted that the protection of life and liberty is a basic feature of the Constitution of India, as emanating out of Article 21. Every person has the right to live their life with a person of their choice. The court also observed that the concept of live-in relationships has crept into our society from western nations, and social acceptance of such relationships is on the rise.

The court relied on various judgments in similar cases, including Pardeep Singh and another v. State of Haryana and others, CRWP-4521-2021, which held that individuals in a live-in relationship are entitled to equal protection of laws as any other citizen of the country. The court directed respondent No.2 to consider the petitioners' representation and assess the threat perception to the petitioners. Respondent No.2 was further directed to take appropriate action in accordance with the law.

The court clarified that its order shall not debar the state or any person aggrieved from proceeding against the petitioners if any cause of action arises or if they are found involved in any case.

This judgment is significant as it upholds the right to choose a partner and live with them, regardless of societal norms or opposition from family members. It reiterates that the protection of life and liberty is of paramount importance and must be upheld by the courts.

Rina Rani & Anr. vs State of Haryana & Ors.