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‘Must protect liberty even in absence of valid marriage’: Punjab and Haryana High Court shields runaway couple

Punjab Haryana High Court Order, Live-in Couple Relationship: The court directed police to take necessary steps to protect them from threats arising from moral vigilantes or from their close relative.

The live in relationship couple moved the Punjab and Haryana High Court under Article 226 of Constitution for directions to protect their life and liberty.The live in relationship couple moved the Punjab and Haryana High Court under Article 226 of Constitution for directions to protect their life and liberty.

The Punjab and Haryana High Court recently directed the police to take “necessary steps” to protect a couple from threats who were in a live-in relationship.

Justice Subhas Mehla noted that the fundamental right to life stands at such a high pedestal that it must be protected even in the absence of a valid marriage between the parties.

“The fundamental right to life and liberty is so sacrosanct and stands at such a high pedestal that it must be protected even in the absence of an incident like solemnisation of a valid marriage between the parties,” the order said.

Background

The couple moved the high court under Article 226 of the Constitution of India for directions to protect their life and liberty.

The counsel for the petitioners had argued that the couple are major and are residing together in a live-in relationship, but they apprehend threat to their life and liberty from their relatives.

The court was informed that the matter was reported to the senior superintendent of police for police protection, but nothing happened.

The counsel for the state while accepting the notice on behalf of the state submitted that the competent authority will take action in accordance with law.

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Disposing of the case, the court directed the police to take necessary steps while referring to the decision in a matter decided in September, 2024, in which protection was granted “qua the life and liberty of adults, who were in a live-in relationship, in order to protect them from threats arising from moral vigilantes or from close relative of any of them”.

The court made it clear that if the petitioners commit any offence, the order will not create any embargo or impediment to take appropriate action.

“However, it is made clear that if the petitioners commit any offence against the State or any person, this order shall not create any embargo or impediment to take appropriate action in accordance with law,” the court said.

‘High Court best forum’

The Indian Express had spoken to advocate Utkarsh Singh, who specialises in such cases, to understand whether in such cases the couple can move the trial court or it has to go to the constitutional court only.

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Singh said here the question is- whether the live-in couple is intending to marry.

“If they say that they are living together and they are seeking an order of protection against society, and they have an intent to marry, then the high court is the best possible forum to go and seek protection,” Singh said.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

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