There is a need to change the orthodox thinking about live-in relationship, remarks of Punjab Haryana High Court

Justice Anoop Kumar Chitkara of the High Court said that the time is changing rapidly and we also need to change the orthodox thinking. Every person has the right to live freely under the constitution. And also that he should live life in his own way. We also have to come out of that mindset where we want to assert authority over each other's lives. 


Chandigarh: Punjab Haryana High Court has made important remarks regarding live-in relationship. Justice Anoop Kumar Chitkara of the High Court said that the time is changing rapidly and we also need to change the orthodox thinking. Every person has the right to live freely under the constitution. And also that he should live life in his own way. We also have to come out of that mindset where we want to assert authority over each other's lives. Now the thinking of the courts of the country is also changing regarding the live-in relationship.

This order and comment of the Punjab Haryana High Court regarding live-in also becomes important because in May 2021 itself, the same High Court had refused to give protection to a couple living in a live-in relationship. The court had said in its decision that giving security to the people living in such a relationship would have a bad effect on the social fabric of the country. Prior to that, in April 2021, the Rajasthan High Court had dismissed a petition seeking protection to a 21-year-old girl and a 19-year-old boy living in live-in. 

In this case
, Justice Anoop Kumar Chitkara was hearing a petition filed by a married woman and her live-in partner. In the petition, the woman has told the threat to her life from her husband and other relatives. Hearing the petition, Justice Chitkara has ordered the Fazilka Police of Punjab to provide security to the petitioners. The woman had come in contact with her partner after separating from her husband. Now both are living in live in.

This Discussion Also

The judiciary of our country has clearly accepted about live-in that it comes under the purview of the right to life under Article 21 of the Constitution. The Supreme Court and various High Courts have upheld the validity of live-in relationships within the purview of laws such as the Constitution, Domestic Violence Act, CrPC, Evidence Act. Along with this, these courts have also kept some rights for the safety of women in this relationship. As per the current legal position, women in a live-in relationship are entitled to maintenance and property.

In this case Payal Sharma vs Nari Niketan
, the Supreme Court has held that if a man and a woman want to live together without getting married, it can be considered immoral by the society but it is not illegal.

Indra Sharma vs VKV Sharma
 , the Supreme Court bench held that the term 'relationship in nature of the marriage' in the Domestic Violence Act itself defines a live-in relationship. The court has set many criteria including protection from domestic violence, right to property, right to alimony, right to keep a child with him.

In this case D.Velusamy v.D.Pachaiammal
, the Supreme Court has not considered 'with respect to the nature of marriage' only to bear the financial expenses and fulfill the sexual desires during the live-in. The court clarified that merely spending the weekend together or 'one night stand' does not constitute a domestic relationship. Domestic relations will be considered.

In the case of Chanmunia Vs Virendra Kumar Singh Kushwaha
, the Supreme Court ruled that if a man and a woman have had a long-term relationship. In the absence of the legal requirements of a valid marriage, such woman shall be entitled to maintenance. The court made it clear that taking advantage of legal loopholes in such cases should not be allowed.

In this case Dhannu Lal vs Ganeshram
, the Supreme Court has confirmed the right of his wife in the property of the deceased after the death of his live-in partner in a property dispute.

In this case Balasubramaniam vs. Surattayan
, children born out of live-in relationships got the legal status of legitimacy for the first time. The Supreme Court said that if a man and a woman live together under the same roof for a number of years, then their marriage will be presumed under Section 114 of the Indian Evidence Act. The children born to them would be considered legitimate and would have the right to receive a share in the ancestral property.

News is originally taken  from: https://zeenews.india.com/hindi/zee-hindustan/national/there-is-a-need-to-change-the-orthodox-thinking-about-live-in-relationships-punjab-haryana-high-court/1111857

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