Punjab and Haryana High Court for larger Bench on protection to live-in couples
Tribune News Service
Chandigarh, May 25
Following divergent opinions on the issue of providing protection to couples in a live-in relationship, the Punjab and Haryana High Court has referred the matter to the Chief Justice for the constitution of a larger Bench.
Several writ petitions filed
Keeping in view the fact that a large number of writ petitions are being filed before this court involving the questions framed, the counsels would be at liberty to request the larger Bench for interim relief and expeditious disposal. High Court
Justice Anil Kshetarpal, in his order, observed it was considered appropriate to request the Chief Justice to constitute the larger Bench to decide whether the court was required to grant the protection without examining the marital status and other circumstances of the case when two persons living together sought protection of life and liberty by filing a petition. If the answer to the question was in the negative, what were the circumstances in which the court could deny them protection?
Justice Kshetarpal added he had used the expression “person” in the question, instead of “adult”, as the court had apparently granted protection in certain cases where both petitioners were not adults.
Justice Kshetarpal further added: “It appears that various Benches of this court, of coordinate strength, have formed different opinions on the matter concerned, which cannot be easily reconciled.”
The direction came in a case where the petitioners were seeking directions from the court to provide them protection. The Bench was told that the man was married, but the relationship between him and his wife was strained. However, divorce had
not been obtained.
The Bench was further told that the man had now run away with the petitioner-woman and they wished to reside together. But their relationship was not acceptable to the private respondents-relatives.
“Keeping in view the fact that a large number of writ petitions are being filed before this court involving the questions framed, the counsels would be at liberty to request the larger Bench for interim relief and expeditious disposal,” Justice Kshetarpal concluded.
