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“No protection order can be passed for socially and morally unacceptable live-in relationships”: Punjab & Haryana HC

Two petitioners namely, Gulza Kumari and Gurwinder Singh filed a petition in the Pubjab and Haryana High Court claiming a protection petition from their families. They both are living together and wish to tie the knot soon. The apprehension of their family’s intervention made them seek this petition.

The single judge coram of Justice H S.Madaan saw the protection petition as a way to get approval of their live-in relationship which the judge called a “socially and morally unacceptable” relationship. The petition was accordingly dismissed.

A similar dismissal took place just six days ago when Justice Anil Kshetarpal dismissed the petition saying that “if such protection as claimed is granted, the entire social fabric of the society would get disturbed”.

The age of petitioners also played a role for dismissal. The petitioners were very young, the boy was of 21 while the girl was of 18 years old. The court said that the petitioners by the way of the petition wished to gain liberty from the relatives.

In an even older event of March 10, 2021, the Punjab and Haryana High Court expressed its disapproval of the advent of culture of live in relations where the couples seek a non-marital relationship.

Justice Arvind Singh Sangwan had opined on the occasion that “especially stating that it is not a ‘Marital Relationship’ is nothing but the misuse of the provision of law”. He further added that such practices are morally unacceptable in the society.

All these are in strict contrast to the decision rendered by the same court last year where the court granted the protection to a couple where the boy was a major but not of a marriageable age saying “adults have a right to live in the way they deem fit”.

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