India: Court rules married adults in live-in can be given protection, excludes minors in similar relationships
Live-in/Indian couple
An Indian High Court has ruled that while minors in live-in relationships cannot seek legal protection from courts, adults, even those already married, should be given protection if facing threats.
The Punjab and Haryana High Court ruled that married persons entering into live-in relationships should be given protection if they are facing threats from their respective families or "moral vigilants".
The judgment was delivered in a case involving three separate petitions, reports Law Trend. The first involved a married manliving with another woman in a live-in relationship. The second case, meanwhile, involved a married woman in a live-in relationship with another man.
The third case was an appeal against a previous order from August 31, 2021, which dismissed a similar petition for a live-in couple's protection. The appellant was also ordered to pay costs.
Autonomy of body
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A bench of Justices Sureshwar Thakur and Sudeepti Sharma noted that every person has "autonomy of body" and that if any assault is permitted on any live-in couple, it will be a casualty.
"Irrespective of socio-moral effect of such live-in relationships rather the preemptions of apposite assaults of any nature, befalling the live-in couple concerned, is the cornerstone of the structure laid by the Apex Court, wherebys, self autonomy in its various dynamic forms has been endowed upon the live-in couple, even if one of them is married, and, even if therebys thus decriminalised adultery does erupt. Therefore, therebys the protection to the above genre of relationship is to be granted," opined the division bench of the High Court.
However, the court observed that those with minor children should not abandon his/her duty to provide optimum care and protection to their wards.
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It also noted that the well-being of children born out of wedlock also needs to be addressed, and that male partners in live-in relationships who father minor children have a moral obligation to maintain and care for them.
Minors and live-in relationships
While the court noted the 'autonomy of body' of an adult person, it said that due to statutory limitations on the capacity of minors to make autonomous decisions, they cannot seek legal protection.
"A minor in a live-in relationship with an adult or where the live-in relationship is partnered only by minors, the concerned cannot seek the protection from the courts of law."
"The reason for reaching the conclusion is firmly embedded in the factum that a minor belonging to any religious denomination is incompetent to contract. If so, he/she has no capacity even to make choices or to express his/her freedom," said the bench.
The bench further elaborated that, under several Indian statutes including the Hindu Minority and Guardianship Act, the Guardians and Wards Act and the Indian Majority Act, minors were legally restricted from entering into contracts.
(With inputs from agencies)
