Case Title: Balwinder Kaur vs State of Punjab

A single bench of Justice Alok Jain of Punjab and Haryana High Court rejected a plea of live-in couple seeking police protection after finding that the woman was still married to another man.

“Merely the sweet will of the petitioners and the right to life and liberty granted to them under the Constitution of India cannot be a right in isolation and with every right, there comes a duty which is also to be adhered to”.

The bench raised a question over the relationship terminating it as “illicit” and “promiscuous”.

The bench took a note that woman had claimed that her husband used to beat her, despite of that she never filed for a divorce nor taken any action against him.

The bench further said that the petition filed by the couple is misleading and conceals the material facts as the petition did not disclose the woman had got married or age of her children from that wedlock.

“The present petition is misleading and conceals the material facts, which admittedly is done to cover up the promiscuous relationship which petitioner No.1 (woman) has with petitioner No. 2”.

The bench also noted that the couple had withdrawn the same petition against the alleged threats to their life, and thereafter, approached the police for protection.

The bench while dismissing the petition of the couple said that, the woman wanted to continue with both the relationships, as she did not want to file a divorce case against her husband, nor she want to leave her live-in partner.

“She admittedly wanted to continue with both the relationships which is unknown to the cannons of social fabric, at least in this country”.