Live-in Relationships | Every Person, Has the Right to Live His/Her Life With a Person of His/ Her Choice – Even Married to Someone Else– Punjab and Haryana High Court
In a significant ruling, the Punjab and Haryana High Court has affirmed the protection of life and liberty for individuals in live-in relationships, emphasizing that such individuals are entitled to live their lives as they choose, subject to legal constraints. This declaration came in the judgment dated April 10, 2024, involving petitioners Pooja Devi and another, who sought protection from threats due to their non-marital cohabitation.
Brief on Legal Point:
The court deliberated on the fundamental right under Article 21 of the Constitution of India, which guarantees the protection of life and personal liberty. The petitioners, involved in a live-in relationship while one of them was still legally married to another person, faced life threats from estranged family members.
Facts and Issues:
Pooja Devi and her partner petitioned the court under Article 226 for directives to ensure their safety against threats from the spouse of one petitioner and others. The contention revolved around their right to choose their living arrangement without societal or familial interference, despite the absence of formal marital ties.
Court’s Detailed Assessment:
Legal Recognition and Societal Perspective: Citing precedents, the court recognized the increasing societal acceptance of live-in relationships, comparing the protections afforded to such couples to those married against family wishes.
Protection Under Law: The judgment referenced several cases where courts had previously intervened to protect individuals in non-traditional relationships from harm, underscoring the non-discriminatory nature of the right to life and liberty.
Focus on Immediate Threats Rather Than Legality of Relationship: Justice Jasjit Singh Bedi noted, “The courts are required to pass necessary directions for their protection,” indicating the court’s priority to safeguard life and personal liberty over adjudicating the moral legality of the relationship.
Decision:
The court ordered the police to evaluate and address the threat perception concerning the petitioners without commenting on the legality of their relationship. The directive aimed to ensure that the petitioners’ life and liberty are not compromised.
Date of decision: April 10, 2024.
Pooja Devi and another vs. State of Haryana and others,
