Justice Anil Kshetarpal of Panjab and Haryana High Court has recently referred the question of granting protection to a live in couple from their relatives irrespective of their marital status and the other factors.
It was done in the case of Yash Pal v. State of Haryana.
The matter has been referred to a larger bench by Justice Anil Kshetarpal. This has been done because of the recent conflicting decisions passed by different judges of the same Court.
Justice Anil Kshetarpal said that,”It appears that various benches of this Court, of co-ordinate strength, have formed different opinions on the matter concerned, which cannot be easily reconciled. Hence, it is considered appropriate to request the Hon’ble Chief Justice to constitute a Larger Bench.”
The order was passed in the case where one of the petitioner left his spouse because of their stressed relationship and went on to live with some other women. They both needed protection from the relatives and thus filed a petition in the High Court.
On 11th of May, Justice HS Madaan described that live in relationship s are not of morally correct and hence unacceptable in our society.Then on 12th May Justice Kshetarpal passed an order stating that if a couple is in live-in relationship and is granted protection, it would disturb the social fabric of the society.
Then on 17th May, Justice Jasgurpreet Singh Puri held that protection to a live in couple from their relatives cannot be granted on the basis of the validity of their marriage.
Then on 18 May, Justice Sudhir Mittal highlighted that live-in relationships are not prohibited in law and that persons who enter into such relationships were entitled to equal protection of the laws.
These back to back judgements have created a chaos and that’s why now a larger bench will decide upon the case.