India
Must protect adults in cohabiting families even if they are married to others: HC | India News – Times of India
CHANDIGARH: The Punjab and Haryana High Court has made it clear that the life and liberty of adults living in a family must be protected even if they are married to someone else, to ward off threats from moral vigilantes or close relatives.
However, in a related legal issue, the Supreme Court ruled that granting protection to minors in a cohabiting relationship – where only one of them is a minor, or where both partners are minors – would be contrary to the statutory rules. According to the Supreme Court, in such cases, the minor’s parental authority must be returned to his/her parents.
If the court finds that there is an immediate threat to the life of the minor, it must invoke the provisions of Juvenile Justice (Care and Protection of Children) Act. The minor must be directed to remain in a children’s home or a nari niketan until he/she attains maturity,” a division bench of HC, comprising Justice Zekershwar Thakur and Justice Sudeepti Sharmasaid.
The Supreme Court issued these orders while hearing a batch of petitions that asked whether “the court should grant protection to two persons living together, without examining their marital status and other circumstances.”
In May 2021, a single court was established headed by Judge Anil Kshetarpalhad asked the larger court to decide whether the court should grant protection to two persons living together, in the event that they sought protection of their life and liberty, without examining their marital status.
However, in a related legal issue, the Supreme Court ruled that granting protection to minors in a cohabiting relationship – where only one of them is a minor, or where both partners are minors – would be contrary to the statutory rules. According to the Supreme Court, in such cases, the minor’s parental authority must be returned to his/her parents.
If the court finds that there is an immediate threat to the life of the minor, it must invoke the provisions of Juvenile Justice (Care and Protection of Children) Act. The minor must be directed to remain in a children’s home or a nari niketan until he/she attains maturity,” a division bench of HC, comprising Justice Zekershwar Thakur and Justice Sudeepti Sharmasaid.
The Supreme Court issued these orders while hearing a batch of petitions that asked whether “the court should grant protection to two persons living together, without examining their marital status and other circumstances.”
In May 2021, a single court was established headed by Judge Anil Kshetarpalhad asked the larger court to decide whether the court should grant protection to two persons living together, in the event that they sought protection of their life and liberty, without examining their marital status.
