The Punjab and Haryana High Court has recently delivered a significant judgment concerning the rights of a married woman involved in a relationship with another individual. The court clarified that being in such a relationship is not unlawful, and the couple in question is entitled to legal protection.
Protection Cannot Be Denied to Couples in Relationships
In its ruling, the High Court directed the Senior Superintendent of Police (SSP) of Khanna to guarantee the safety of a couple seeking protection. The court emphasized that if one partner is already married, it does not disqualify the couple from receiving security, nor does it constitute a criminal act.
Couple Approached the High Court for Protection
The case originated when a couple filed a petition before the Punjab and Haryana High Court. The couple revealed that one partner was married, and divorce proceedings were underway. They stated that their relationship was consensual but alleged that the married partner’s spouse and family members were threatening their lives.
Allegations of Harassment by Police
The petitioner further claimed that the Station House Officer (SHO) of Samrala was harassing them following a complaint lodged by the married partner’s spouse. During the hearing, a reference was made to an earlier ruling by the Allahabad High Court in the case of Anita & Another vs. State of Uttar Pradesh. In that case, the Allahabad High Court had ruled that protection could not be granted if one individual in the relationship was already married.
Consensual Relationships Are Not a Crime, Says High Court
While acknowledging the Allahabad High Court’s decision, the Punjab and Haryana High Court respectfully disagreed. The court cited the Supreme Court’s judgment that declared Section 497 of the Indian Penal Code (IPC) unconstitutional, thereby decriminalizing adultery. The High Court maintained that living in a consensual relationship, regardless of marital status, is not a crime.
Notice Issued to Punjab Government
The High Court has issued a notice to the Punjab Government and other concerned parties, seeking a formal response on the matter. Simultaneously, the SSP of Khanna has been directed to ensure the safety and protection of the couple involved.
This progressive decision highlights the judiciary’s evolving stance on personal relationships and individual freedoms, emphasizing that consensual relationships, even involving married individuals, do not constitute criminal conduct under the law.