Recently, a case came up in which a young couple filed an application in the Punjab & Haryana High Court and sought protection. This young couple said that they are in Live-in-Relationship and they have fear of threats from the girl’s parents.
The Unfortunately Court rejected his application and refused to give any kind of protection.
Next day
Another case came in which a young couple filed an application in the Punjab & Haryana High Court and sought protection. This young couple said that they are in Live-in-Relationship and they have fear of threats from the girl’s parents.
The Unfortunately Court also dismissed their application and said that they cannot give any kind of protection.
Exactly six days later another case came.
In which a young couple sought protection by filing an application in the Punjab & Haryana High Court. This young couple said that they are in Live-in-Relationship and they have fear of threats from the girl’s parents.
So the honorable court said “Yes, this is your right.” And issued orders to give protection to them.
So the thing to understand here is that same case, same Court, then why the judgment is different?
What was the judge’s comment at the time of the judgment in the three cases?
What are the rulings of the Supreme Court on Live-in-Relationship?
What are the legislative provisions of Live-in-Relationship?
What is the difference between Social Status and Legal Status of Live-in-Relationship and Marriage?
To understand today’s subject, let us first take a little overview of what is the difference between Marriage and Live-in-Relationship.
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Marriage is a social and legal, contractual union between two partners (normally between a man and a woman). In this, their rights and duties are defined according to the law and according to the customs and beliefs of the society. If they have any offspring, then their rights are also defined.
Where marriage is a contractual and consensual union, whereas Live-in-Relationship is just a consensual union. In this, two people live with mutual consent so that they can check their compatibility before marriage, or if they have to keep their legal status single or someone can have financial reasons.
If we understand it by definition
“A living arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage.”
Three things are important here.
Both should be unmarried. Divorce and widow / widower can be considered unmarried in this, but if one of the partner or both are married then it is a case of adultery.
There is no definite definition of a sufficiently long time, but even staying together just for two-four days cannot be considered a live-in-relationship.
The partners have to live like husband and wife. Any other relation will not be considered as live-in-relationship.
Let us now see what the three cases were, we are talking about.
Case 1
Gulza Kumari (19) Petitioner 1 and Gurvinder Singh (22) petitioner 2 filed an application in the Punjab & Haryana High Court requesting that they may be provided protection. They told that they are in Live-in-Relationship and also intend to get married soon, but they are in danger from the girl’s family.
On 11 May 2021, the court of Justice H S Madaan dismissed the application. The court observed that
“As a matter of fact, the petitioners in the garb of filing the present petition are seeking seal of approval on their live-in-relationship, which is morally and socially not acceptable and no protection order in the petition can be passed.”
Case 2
Ujjawal Kumari (18) Petitioner 1 and Manpreet Singh (21) petitioner 2, while filing the application in the Punjab & Haryana High Court, pleaded that they may be provided protection. They told that they are in Live-in-Relationship and they are in danger from the girl’s family.
On 12 May 2021, the court of Justice Anil Kshetrapal rejected the application. The court commented that.
“If such protection as claimed is granted, the entire social fabric of the society would get disturbed.”
Case 3
Pardeep Singh, while filing an application in the Punjab & Haryana High Court, pleaded that he may be provided protection. He told that he is in a live-in-relationship with his female partner and he is in danger from the girl’s family.
On 18 May 2021, the Court of Justice Sudhir Mittal gave observation while accepting the application that,
“The individual also has the right to formalize the relationship with the partner through marriage or to adopt the non-formal approach of a live-in-relationship. In law, such a relationship is not prohibited nor does it amount to commission of any offense and thus, in my considered view such persons are entitled to equal protection of laws as any other citizen of the country.”
What does the Supreme Court says.
By the way, there is no coded law legally accepting live-in-relationship in our country or in any state.
But so far there is no such law in which it has been considered as an offence.
So, considering this as the base and referring to the Right to Life and Liberty mentioned in Article 21 of the constitution, the Supreme Court has given favorable decisions in such cases.
The observations given by the Supreme Court in different cases of live-in-relationship are,
Right to live with someone comes under the purview of Right to Life and Liberty and is fundamental right of an individual as mentioned in the Article 21 of the constitution.
If two people of 18+ years want to live in a live-in-relationship, then it cannot be considered illegal.
However, in Indira Sharma vs VK V Sharma (2013), the Supreme Court has also held that live-in-relationship, neither a crime nor a sin, but is not socially acceptable in our country. Still, getting married or staying together without getting married is a personal matter for everyone.
References in other Related Laws
In a case of couple living together with mutual consent, women partner can claim protection under Protection of Women from Domestic Violence Act, 2005 also.
There is also a provision in Cr PC section 125, in which the wife can make a maintenance claim from the husband after separation, that if the couple stays together for a reasonable long term then they will be considered as they were married couple and the women partner can make a maintenance claim.
Conclusion
So now the conclusion is that,
There is no law but still Live-in-Relationship is legally acceptable because it is not illegal.
There is no crime or sin in Live-in-Relationship, but it is not morally and socially acceptable.
There is a talk about the right of individuals at the time of entry in the relationship, but what about the responsibilities of the partners
Women protection has also been addressed partially, but nothing has been talked about the complications that arise at the time of exit.
Thank You
