CHANDIGARH: The Punjab and Haryana high court has made it clear that merely because the two adults are living together for a few days, their claim of live-in-relationship based upon bald averment may not be enough to hold that they are truly in a live-in relationship.
The HC was of the view that the length of the relationship coupled with discharge of certain duties and responsibilities towards each other makes such relationship akin to the marital relations.
Justice Manoj Bajaj of the HC has passed these orders while dismissing a plea filed by a couple from Yamunanagar district in Haryana seeking protection from their family members.
Couple claimed to have been living in a live-in relationship for the past few days. HC has also imposed a cost of Rs 25,000 on the couple for filing such a petition.
“No doubt, the other concept of live-in-relationship between two adults of opposite gender has got recognition in India also, as the legislature has injected some legitimacy in this kind of alliance, while promulgating “Protection of Women from Domestic Violence Act, 2005” and liberally defined “domestic relationship” in Section 2(f). However, despite this elasticity, some sections of the 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 relationship akin to the marital relations,” the HC has held.
The court also observed that the society, for the last few years, has been experiencing profound changes in social values, especially amongst exuberant youngsters, who seldom in pursuit of absolute freedom, leave the company of their parents etc. to live with the person of their choice, and further in order to get the seal of the court to their alliance, they file petitions for protection by posing threat to their life and liberty.
The order further stated that such petitions are ordinarily based on the sole ground of apprehension of threat predicted against the disapproving parents or other close relatives of the girl only, as the decision of the couple is rarely opposed by the family members of the boy.
“Their right to live together is either based on their sudden, secretive and small destination marriage or upon live-in-relationship. Of-course, the aggrieved persons can avail the alternative remedy, but a large number of petitions land in the lap of this court as according to writ petitions, alternative remedy is less felicitous. Majority of such petitions contain formal symbolic averments, grounds with imaginary cause of action, and are rarely founded upon \’actual\’ or \’real\’ existence of threat, and these types of cases consume considerable time of this court, that too at the cost of many other cases waiting in line for hearing,” the HC has held.
Source : https://timesofindia.indiatimes.com/city/chandigarh/couple-living-together-for-few-days-doesnt-mean-they-are-truly-in-live-in-relationship-punjab-and-haryana-hc/articleshow/88304072.cms