A single bench headed by Justice Rajesh Bharadwaj granted protection to a girl and boy, 18 and 19-year-old respectively, who are in a live-in-relationship
By: Pooja Reddy
A petition was filed by the boy and girl seeking protection to their life and liberty from the respondents. It was contended that both the petitioners met on social media, they fell in love and decided to get married. Both of them are majors but not of marriageable age. They have contended that they are in a live-in-relationship and would marry as and when they would attain marriageable age.
It was submitted that the girl’s parents wanted to get her married to another boy which was not acceptable by the girl. She tried to persuade her family members but they did not budge. Having no other alternative, the petitioners decided to reside with each other in live-in-relationship but their relationship is not acceptable to their family members and hence, they are being issued threats time and again.
“It is evident that both the petitioners are above the age of 18 years, however, the boy is not of marriageable age. The live-in-relationship nowadays is not a new phenomena but the society has not evolved to the extent of accepting such relationship without raising the eyebrows to such relationship”, the Court said.
In the Supreme Court judgement of Nandakumar and another Vs. The State of Kerala and others, it was held that ‘live-in relationship’ is recognised by the Legislature itself which has found its place under the provisions of the Protection of Women from Domestic Violence Act,2005.
“Thus, time and again Hon’ble Apex Court as well as various other High Courts have accepted the live-in-relationship and have come to the rescue of the couple as enshrined under Article 21 of the Constitution of India. Though issue raised by the petitioners in the petition is qua their live in-relationship and their fundamental right to their life and liberty as enshrined in Article 21 of the Constitution of India but the Court is concerned only with their right under Article 21 of the Constitution”, Justice Rajesh Bharadwaj said.
Further, the Court directed Superintendent of Police, Mahendergarh to take into consideration the contentions raised by the petitioners in the representation and assess the threat perception if any to the petitioners. In case the allegations are found substantiated, then the requisite action be taken as in accordance with the law.