By- Shrey Garg
Punjab and Haryana High Court in the case of Pushpa Devi and anr v. State of Punjab has decided to grant protection to a 19- year -old boy and 21- year- old- girl who were in a live- in relationship.
The Single Judge Bench of Justice Arun Kumar Tyagi has observed that the couple are entitled to be in a live- in relationship as they have attained the age of majority and has also opined that it is also essential to ensure that no harm is caused to their life and liberty from the action of the respondents 4 and 5 in this case.
The couple had filed this petition claiming protection from family members of the girl who wanted to her to marry another boy against her will. They alleged that their life was under threat as the family members wanted to kill them just to protect the family prestige. They also added that although the boy has not attained the age of majority the two will marry as soon as the boy attains the age of marriage.
The couple has presented a written representation to the Superintendent of Police pleading for police protection but no substantive action was taken and therefore they decided to file this petition in the court. After considering the relevant judgements on the issue the court decided to provide police protection to the couple.
The High Court further said that “time and again Hon’ble Apex Court as well as various other High Courts have accepted the live-in-relationship and have come to the rescue of the couple as enshrined under Article 21 of the Constitution of India.
Though issue raised by the petitioners in the petition is qua their live in-relationship and their fundamental right to their life and liberty as enshrined in Article 21 of the Constitution of India but the Court is concerned only with their right under Article 21 of the Constitution.”