HC on what constitutes a live-in-relationship claim

HC on what constitutes a live-in-relationship claim
Illustration: Arpita Mohan

One-liner: The Punjab and Haryana High Court has observed that merely because two adults are living together for a few days, their claim of a live-in relationship based on a bald averment may not be enough to hold that they are truly in a live-in-relationship.

Crux of the matter: Justice Manoj Bajaj observed that it has to be constantly borne in mind that the length of the relationship coupled with the discharge of certain duties towards each other makes such a relationship akin to marital relations.

  • The court dismissed the plea of a couple of Haryana's Yamunanagar district seeking protection from the family members of the woman
  • The court, in its Nov 26 order, also imposed a cost of ₹25,000 on the petitioners

Need to know: The counsel for the petitioners – an 18-year-old woman and a 20-year-old man – said that they were in love with each other and would marry on attaining the age of majority.

Woman's parents oppose: The parents of the woman opposed their relationship and decided to marry her to a man of their choice. But the woman ran away from the house and started a live-in relationship, the counsel said.

Threatened: The petitioners claimed as they were threatened to be implicated in a false criminal case, they sought necessary directions for providing them protection.

  • The counsel submitted that the petitioners started staying together in a live-in relationship with effect from Nov 24, 2021
  • Their right to live together is either based on their sudden, secretive and small destination marriage or upon live-in-relationship, according to the court order

Legitimacy: No doubt, the other concept of live-in-relationship between two adults of the opposite gender has got recognition in India also, as the legislature has injected some legitimacy in this kind of alliance.

  • However, despite this elasticity, some sections of society are reluctant to accept such kinds of relationships
  • It has to be constantly borne in mind that the length of the relationship coupled with discharge of certain duties and responsibilities towards each other makes such a relationship akin to marital relations, said the court

Petition dismissed with costs: In view of the above, the petition has been filed without a valid cause of action, therefore, the petitioners deserve to be saddled with costs. Resultantly, the writ petition is dismissed with costs of ₹25,000 to be borne by the petitioners.

Source: PTI

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