Punjab and Haryana High Court while hearing the case said that if any one of the love couple is married, then this is not the ground to refuse to grant the security.
The court said that the Constitution of India grants the life and liberty of every citizen and it can’t infringed by anybody or by any law.
In the petition the couple said that they are already married and their divorce petition is pending the High Court. And the loving couple is in consensual relationship. The petitioner said that the loving couple has threat of life from the his wife and the wife’s family member. The petitioner also said that due to his wife’s complaint the SHO of Shamrala constantly harassing him.
During the trial a case comes before the court Anita and ors. Vs UP govt. in this case the court of Allahabad said that if any one of the couple is already married then the court can refuse to grant the security.
Punjab-Hariyana High court said that they respect the Allahabad High court but in this case they are not agree with the order of Allahabad High court and said the Supreme Court already declared the Sec 497 of IPC unconstitutional and in this condition the court can’t refuse to grant the security only on the ground that the one of the couple is already married.
And the court said if the couple is in consensual relationship then it is not an offence in any condition. And if two major are ready to live with one another then it is not an offence.
Lawcutor 