CHANDIGARH: Punjab and Haryana high court made it clear that life and liberty of adults in a live-in, even if they are married to other people, have to be protected to ward off threats arising from moral vigilantes or from close relatives.
However, in a related legal issue, the HC held that granting protection to minors in a live-in relationship – where only one is a minor, or both are minors – would be counter to statutory rules.According to the HC, in such cases, custody of the minor is required to be retrieved to his/her parents.
If the court perceives that there would be an imminent threat to the life of the minor, it should take recourse to provisions of Juvenile Justice (Care and Protection of Children) Act. The minor should be directed to stay in a children’s home or a nari niketan till he/she is an adult,” a division bench of HC, comprising Justice Sureshwar Thakur and Justice Sudeepti Sharma, said.
HC passed these orders while hearing a batch of petitions in which the issue was whether “court is required to grant protection to two persons living together, without examining their marital status & other circumstances.”
In May 2021, a single bench headed by Justice Anil Kshetarpal, had asked the larger bench to decide whether court should grant protection to two persons living together, in case they sought protection of their life and liberty, without examining their marital status.
However, in a related legal issue, the HC held that granting protection to minors in a live-in relationship – where only one is a minor, or both are minors – would be counter to statutory rules.According to the HC, in such cases, custody of the minor is required to be retrieved to his/her parents.
If the court perceives that there would be an imminent threat to the life of the minor, it should take recourse to provisions of Juvenile Justice (Care and Protection of Children) Act. The minor should be directed to stay in a children’s home or a nari niketan till he/she is an adult,” a division bench of HC, comprising Justice Sureshwar Thakur and Justice Sudeepti Sharma, said.
HC passed these orders while hearing a batch of petitions in which the issue was whether “court is required to grant protection to two persons living together, without examining their marital status & other circumstances.”
In May 2021, a single bench headed by Justice Anil Kshetarpal, had asked the larger bench to decide whether court should grant protection to two persons living together, in case they sought protection of their life and liberty, without examining their marital status.
