Justice Sudhir Mittal says a Live-in relationship is not prohibited by law and is entitled to equal protection by law.
This came after a petition, filed by a live-in couple seeking protection from their families. This matter came to Justice Mittal, wherein the couple counsel presented the facts of the case stating, They both are major and are sure about their feelings for each other, hence they decided to live together. But the family of the woman is against their relationship and is threatening to physically abuse them and harm them.
A complaint dated May 9, 2021, has also been submitted to the Haryana Police, but no action was taken against the family of the petitioners.
After begin issued notice, the Haryana State counsel said that “Live-in relationships are not legal and are frowned upon by society and this was the reason that no protection was granted to the petitioners.”
On hearing this matter and arguments said by the State counsel, Justice Mittal said that “The Constitution of India is the Supreme Law of the land. Right to life and liberty is enshrined therein and is treated as a basic feature. The said right includes the right of an individual to the full development of his/her potential following his/her choice and wish and for such purpose, he/she is entitled to choose a partner of his/her choice. The individual also has the right to formalize the relationship with the partner through marriage or to adopt the non-formal approach of a live-in relationship.”
Also while talking about the concept of live-in Justice Mittal added that The concept of Live-in has slithered into our society from the western nations and it now been accepted in major metropolitan cities. Probably because the individuals think that the formalization of a relationship through marriage is not necessary to fulfill their desire. Education has played a vital role in the development of this concept. Slowly, this is also coming to the small cities and villages as we can see in this petition. This shows that the social acceptance of live-in relationships is on increase.
In law, such a relationship is not prohibited nor does it amount to commission of any offense and thus, in my considered view, such persons are entitled to equal protection of laws as any other citizen of the country. The law states that the life and liberty of every individual are important irrespective of the individuals' point of view.