Live-In Couples And Protection: Punjab & Haryana High Court Ruling

The Ruling In Brief

As reported, the Punjab and Haryana High Court held that a live-in couple is entitled to protection of life and liberty even if they are not old enough to marry. The court reasoned that the right to life under the Constitution does not depend on whether a relationship is socially approved or whether the partners have reached the legal age for marriage.

The Law Behind It

Article 21 of the Constitution protects life and personal liberty for every person. The Supreme Court has recognised live-in relationships and treated them as a social reality, including in Indra Sarma v. V.K.V. Sarma (2013), which also discussed the Domestic Violence Act in relation to a relationship in the nature of marriage. The legal age for marriage is 21 for men and 18 for women, but a person above 18 is an adult for most other purposes. When couples face threats from families, High Courts commonly pass orders asking the police to assess the threat and ensure safety.

What It Means For Your Case

• Adults in a consensual relationship can seek police protection if they face threats.
• Protection orders do not by themselves validate a marriage or settle other legal issues.
• Couples should keep evidence of the threat, such as messages and complaints.
• Where one partner is a minor, other laws apply and the court acts with extra care.

Rights And Limits In Live-In Relationships

Courts have said that adults are free to choose their partners, and that threats or violence against them violate the right to life. A protection petition usually asks the police to assess the risk and to take action if there is a real threat. It does not give permission for any offence, and it does not decide questions such as property or inheritance.

Live-in relationships do not have the same legal consequences as marriage. There is no automatic right to inheritance or to a share in the partner’s property. A woman in a relationship in the nature of marriage may seek relief under the Domestic Violence Act, and children born of such a relationship are recognised as legitimate in certain situations. However, the details depend on the facts.

Couples should keep records of their shared address, finances and the duration of the relationship. A written agreement on property and expenses can reduce disputes later.

Key Takeaways

• Article 21 protects life and liberty irrespective of marital status.
• Adults can seek police protection from threats.
• Live-in relationships are not criminal, though they do not carry all marital rights.
• Cases involving minors are treated with additional caution under other laws.

Common Misconceptions

• “Live-in couples have no legal protection.” Courts have granted protection.
• “Age of marriage is the age of adulthood.” For most purposes adulthood starts at 18.
• “Protection orders create legal marriage.” They do not.

Practical Steps If You Are In This Situation

1. Keep proof of identity and age of both partners.
2. Document threats with dates and messages.
3. Approach the police and, if needed, the High Court for protection.
4. Do not move to unsafe places without informing a trusted person.
5. Seek advice on property and maintenance if the relationship ends.

Should You Speak To A Lawyer?

If you or someone you know faces threats because of a relationship, quick legal steps can help secure protection. Advocate Manish Kumar offers a 100% confidential first consultation at Dwarka Court and by phone or video. Call 95606 02012.

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