Punjab & Haryana HC Denies Police Protection to Married Parties in Live‑in Relationship

A Quick Glance 

• Nisha Kumari Andanr vs State Of Punjab And Ors on 16 December, 2024
• The Punjab & Haryana High Court on December 16, 2024, refused to grant police protection to a couple living in a live-in relationship, terming their relationship "illicit".
• Justice Sandeep Moudgil was hearing a petition filed by a married woman and her live-in partner, seeking police protection from the woman's husband and his family. The couple had alleged that the woman's husband and his family were threatening them with violence and had also tried to assault them physically.
• However, the court dismissed the petition, observing that the couple's relationship was "illicit" as the woman was still married to another man. The court also said that the couple was not entitled to police protection under the law.
• The court further noted that not all live-in relationships are of the nature of a marriage. Petitioners' relationships, therefore, are not relationships of a marriage since it has not have the essential characteristics of a marriage, but a relationship other than in the nature of marriage, and the status of petitioner no. 1 is lower than the status of a wife. That relationship would not fall within the definition of domestic relationships under Section 2(f) of the DV Act.
• The Court remarked that to legitimize a live-in relationship, certain legal and societal conditions must be met. Living together for only a few days does not suffice to claim protection. The Court concluded that providing protection in such cases would undermine the fabric of society and the sanctity of lawful matrimonial relationships.
• The court's decision has been widely criticized, with many arguing that it is discriminatory and outdated. They say that the court should have protected the couple's right to life and liberty, regardless of the marital status of either partner.
• They also say that the court's decision undermines the concept of live-in relationships, which are becoming increasingly common in India.

Background on Live-in Relationships in India

• Live-in relationships are becoming increasingly common in India, particularly among young people. However, there is no specific law governing live-in relationships in the country.
• The Supreme Court of India has ruled that live-in relationships are not illegal, but they are also not considered to be equivalent to marriage. The court has also ruled that live-in couples have the same rights as married couples, such as the right to cohabit and the right to inherit property from each other.
• However, live-in couples are still not entitled to the same benefits as married couples, such as tax benefits and social security benefits.

Implications of the Court's Decision

• The Punjab & Haryana High Court's decision to refuse police protection to the couple in a live-in relationship is a significant setback for live-in couples in India. The decision sends a message that live-in relationships are not considered to be legitimate and that live-in couples are not entitled to the same protection as married couples.
• The decision is also discriminatory against married women who are in live-in relationships. Under the law, married women in live-in relationships are not considered to be abandoned by their husbands, even if they have been living separately for many years. This means that they are not entitled to alimony or maintenance from their husbands.
• The decision is also likely to discourage live-in couples from seeking police protection, even if they are facing threats or violence. This is because live-in couples are aware that they are unlikely to receive the same level of protection from the police as married couples.
• Overall, the Punjab & Haryana High Court's decision is a negative development for live-in couples in India. It is a setback for their rights, and it sends a message that they are not considered to be equal to married couples.

Suggestive Measures

• The government of India should enact a law to recognize and protect the rights of live-in couples specifically. The law should grant live-in couples the same rights as married couples, including the right to cohabit, the right to inherit property from each other, and the right to receive social security benefits.
• The government should also take steps to sensitize the police and other law enforcement agencies about the rights of live-in couples. The police should be trained to deal with cases involving live-in couples in a fair and non-discriminatory manner.
• Live-in couples should also be aware of their rights and should not hesitate to seek help from the police or other law enforcement agencies if they are facing threats or violence.

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