Live-in partners who don’t legally end existing matrimonial ties lack bona fides: Punjab & Haryana High Court

The Punjab & Haryana High Court recently observed that live-in partners who don’t legally end existing matrimonial ties lack bona fides on their part (Nirbhey Singh & Anr v. State of Punjab)..Justice Arun Monga disposed of a petition after directing police protection to female petitioner living-in with her partner.The petitioners had approached the Court seeking directions to protect their lives and liberty after allegedly facing the threat from parents and relative of the female petitioner..On enquiry by the Court on the status of previous marriage of both partners, it came to light that the male partner though married was deserted by his wife from whom he had a son and a daughter aged 19 years and 12 years respectively. The Court was also informed that the female partner was a widow with 2 sons aged 12 and 7. The Court was further informed that all four children are currently living in the same house along with the petitioners for better upbringing of the children.The Court observed that there was lack of bona fides on part of male partner as he had not taken any steps to terminate his matrimonial relations with his wife.."Be that as it may, while the intention of both the petitioners may have been noble, one doesn’t know though, but what seems to be incongruous on the part of petitioner No.1 is that he has taken no steps till date to file appropriate matrimonial proceedings seeking divorce on the ground of desertion and/or otherwise as provided under the Hindu Marriage Act, 1955. He claims that he has been compelled to provide motherly care to his children through petitioner No.2, since his wife has deserted him. But from his inaction to legitimately end his matrimonial alliance from the biological mother of his children, there appears to be lack of bona fides on his part," the order said..The Court, however, said that it will be a travesty of justice if the female partner suffers if at all the male petitioner had misled her. "Accordingly, respondent No.2-Senior Superintendent of Police, Sri Muktsar Sahib, District Sri Muktsar Sahib, shall look into the threat perception of petitioner No.2 and in case, so warranted, provide her with mobile number of a lady police official to whom she can approach, in case of any untoward incident at odd hours, in case, she feels any threat to her life," the Court ordered. .The Court while disposing of the petition clarified that this order should not be construed as indicative of approval of the “self-proclaimed relationship of the petitioners nor a reflection on the merits of the contentions raised by them in their petition”.[Read Order]