Recently, the Punjab and Haryana High Court has clearly stated its stand on live-in relationships, laying it down that giving protection to married persons who want to opt for such living arrangements will encourage wrongdoers and fuel the institution of bigamy.
Justice Sandeep Moudgil, while delivering the judgment in the case, said that couples who elope from their parental homes not only spoil the reputation of their families, but they also infringe their parents’ rights to live a dignified life with honor.
The recent decision was introduced by the court to several petitions, including the one of a 40-year-old woman and a 44-year-old man who sought protection, considering themselves endangered by their families. They are even presently cohabiting as a couple despite the fact that the man is a polygamist with two children from his previous marriage.
The court took time and insisted that the couple knew their status in marriage and, thus, should not indulge in a live-in relationship. The court also went further, saying that if the court were to hold that the relationship between the petitioners is in the nature of marriage, holding such a view would be prejudicial to the rights of the man’s wife and children.
The verdict of the court further emphasizes the protection of the institution of marriage and the family system in Indian society. The judge mentioned that marriage entails a number of moral and ethical responsibilities in society and the laws, and it also entails the responsibility to support and care for children.
It finds cognizance in assessing the essence of Indian civilization based on the culture and traditions that a court upholds. The judge accepted the rising growth of Western standards, particularly living with a partner, but underlined that marriage and family should remain inviolable.
This demonstrates that the protection of individual rights, the regulation of society’s standards, and the conservation of cultural heritage are always components of tension within a diverse Indian state.
