The Punjab and Haryana High Court has ruled that not attaining legal age of marriage is no bar in building a Live-in Relationship.

The single-judge bench of Justice Harnaresh Singh Gill while dealing with a protection plea observed that merely because the adult boy is not of marriageable age, it wouldn't deprive the young couple of their Fundamental Right as enshrined under Article 21 of the Constitution. 

The petitioners via writ petition under Article 226 of the Constitution had sought Police Protection against their parents who had objected to their live-in relationship. The boy herein was though a major, had not yet attained marriageable age which as a reason of which the parents had been issuing threats to the couple.

The Court while directing the Senior Superintendent of Police to grant protection to the couple in case any threat to life and liberty is perceived, observed:

"It is the bounden duty of the State as per the Constitutional obligations cast upon it to protect the life and liberty of every citizen. Mere fact that petitioner No. 2 is not of marriageable age, would not deprive the petitioners of their fundamental right as envisaged in the Constitution, being citizens of India."

The Senior Superintendent of Police had previously not acted upon the presentation of petitioners which resulted in immediate plea.

The Counsel for the Petitioners submitted that the petitioners are residing in constant danger as they are under constant apprehension that their parents will act on threats they have been sending and they might be murdered. He placed reliance on the Supreme Court judgment in Nandakumar and Anr v. The State of Kerala, 2018 Latest Caselaw 312 SC wherein the Court had held that even if the boy wasn't competent to enter into wedlock, they have the right to live together even outside wedlock. It was also taken into consideration that 'live-in relationship' is now recognized by the Legislature itself.

The Court accepted the contention and in view of it, observed:

"Article 21 of the Constitution stipulates protection of life and liberty to every citizen and that no person shall be deprived of his life and personal liberty except according to procedure established by law."

While disposing of the plea, the Court and directed the SSP to decide the representation moved by the petitioners in accordance with law and grant protection to them.

Read Order Here:

 

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