It was recently held by the Punjab and Haryana High Court that the life and liberty of the live-in couple should be protected even if one of the partners has not attained the legal age of marriage.
Case of the Petitioner
The petition was instituted by a couple alleging that they are being harassed and tortured by their family members concerning their choice of relationship. They intend to marry each other; however were presently in live-in relationship as they male spouse has not attained the legal age of marriage. The two, however are majors. Thus to put an end to the constant harassment being faced by them made them to file a petition praying that right to life and liberty are basic fundamental rights, which includes the freedom to choose a life partner, thus the same should be protected and acknowledged.
Observation of the Court
The High Court reiterated the Supreme Court ruling in the case of Shafin Jahan v. Ashok KM, popularly known as Hadiya case wherein it was held that that every individual has been guaranteed the right to life under the Indian Constitution, within which the right to choose the life partner is also included as of the right seeing the wide ambit of the same.
In the words of the Court:
“Society cannot determine how an individual should live his or her life, especially when the individuals were major.”
It was pronounced by the Court that since freedom of life and personal liberty includes the right to choose a life partner and thus the same should be protected. Thus the family or relatives have no right to intrude with the same right, the Court stated.
Case Details
Before: Punjab and Haryana High Court
Case Title: Priyapreet Kaur and Anr v. State of Punjab and Ors.
Coram: Hon’ble Justice Alka Sarin
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