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It is a case study which includes issues, facts and judgement., Summaries of Criminal procedure

It covers facts of the case, issues involved and judgement passed by the respective court

Typology: Summaries

2022/2023

Uploaded on 07/16/2023

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Download It is a case study which includes issues, facts and judgement. and more Summaries Criminal procedure in PDF only on Docsity! ACCEPTABLE TO ALL, BUT IT IS NOT ILLEGAL NOR AN OFFENCE: PANJAB AND HARYANA HIGH COURT Content Writer: Pooja Malik "It would be a travesty of justice in case protection is denied to persons who have opted to reside together without the sanctity of marriage", the Court went on to hold. The case: Soniya Devi and Another v. State of Haryana caught everyone’s attention when the Panjab and Haryana High Court held that although the concept of a live-in relationship may not be acceptable to all, it cannot be said that such a relationship is an illegal one or that it constitutes an offence. The High Court’s refusal to grant protection to the live-in couple implies threats to life can go unchecked, but a live-in relationship can’t. The facts of the case are as follows: 1. The petitioners, having attained the age of 18, were seeking protection of their life and liberty at the hands of the private respondents, who were the immediate family members of petitioner. 2. The petitioners wanted to live together, but the parents of the girl wanted d her to marry a person of their choice and threatened her with dire consequences in case she did not do so. 3. The girl left her paternal home and called upon the boy to save them from her parents and they both wanted to get married, where the girl was much older in age. 4. The couple apprehended honour-killing in the hands of the woman’s parents. They also mentioned that the man’s parents agreed with their decision to opt for a live-in relationship. 5. The couple claim that live-in relationship will put an end to the demands for dowry, and therefore, the police should protect them, as they have entered into the relationship out of their own free will. Having failed to secure protection from the police, they approached the high court for resolving their issue, and for taking suitable action against the police who failed to offer them protection. HELD: On May 12, 2021, the Panjab and Haryana High Court refused to grant protection. In doing so, it made the following observation, “if such protection as claimed is granted, the entire social fabric of the society would get disturbed.” The court refused to grant any relief.
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