Live in couple Protection Petition High Court Chandigarh. Couple’s Plea: Threat to Life is imaginary and based on no real cause of action.

In the present post we’ll read about that dealing with the protection plea of a Live-In-couple, who are yet to attain the marriageable age, the Punjab & Haryana High Court recently remarked that majority of petitions by the Live-In couples contain formal symbolic averments, grounds with imaginary cause of action, and are rarely founded upon ‘actual’ or ‘real’ existence of threat.

Also read- High Court Chandigarh Denies Minor Protection Petition

Live in couple Protection Petition High Court Chandigarh
Live in couple Protection Petition High Court Chandigarh

Background Facts

The Bench of Justice Manoj Bajaj was hearing the plea of one Daya Ram [20 years old] and Reenu [14 years old], who claimed that they knew each other for the last one year and with the passage of time, they fell in love, however, the parents of Reenu are opposing their relationship.

It was submitted by them that they are mature enough to understand good and bad and decided to marry, but their proposal was turned down by the parents and the other relatives of Reenu. It was further argued that they were left with no other alternative but to live together in live-in-relationship and to date, there has been no physical intimacy between the petitioners as they are waiting to attain the statutory marriageable age, therefore, they argued that the private respondents have no right to interfere in their life.

Also Read- Married Couple seeks protection to their Live in Relationship

Court’s observations

 At the outset, the Court observed that fror the last few years, society 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, they try to get the seal of the court to their alliance, by filing petitions for protection by posing threat to their life and liberty.

However, the Court did note that the aggrieved persons can avail the alternative remedy, but the Court observed that a large number of petitions land in the lap of this court as according to writ petitions, the alternative remedy is less felicitous.

The Court also opined that the 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, the Court did add that despite this elasticity, some sections of the society are reluctant to accept such kinds of relationships.

Also Read- That’s why you need Protection in Love Marriages?

For case specific advice please contact love marriage protection lawyers in Chandigarh Kharar Derabassi Zirakpur of Punjab and Haryana High Court.

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