The single judge bench of Justice Nidhi Gupta of the Punjab and Haryana High Court in the case of Priya and another V. State of Punjab and Others held that even if the petitioners are living in a “Live in Relationship”, they are entitled to the protection of their life and liberty.
BRIEF FACTS
The factual matrix of the case is that the writ petition under article 226/227 of the Indian constitution directs the respondents to protect the life and liberty of the petitioners who were married against the wishes of private respondents. It is also stated that the petitioners are in a live-in relationship.
The learned counsel appearing on behalf of the petitioners contended that the petitioners have provided the respondent Senior Superintendent of Police, Mohali with a representation, and they would be happy if the respondent was instructed to look into the submission and, after taking into account any perceived threat to the petitioners, to take suitable action. The counsel further relied on the judgments titled, Pardeep Singh and another vs. State of Haryana and others, Paramjit Kaur and another vs. State of Punjab and others, and Amandeep Kaur & Anr. Vs. State of Punjab & Ors.
COURT’S OBSERVATION
The court while relying on the judgment titled, Pardeep Singh and another vs. State of Haryana held that even if the petitioners are living in a “Live in Relationship”, they are entitled to the protection of their life and liberty. It should go without saying that Article 21 of the Indian Constitution establishes the protection of life and liberty as one of its fundamental rights.
Every person, but especially a major, has the right to live their life with the companion of their choosing. When this Court is prima facie convinced that some relatives or other individuals' dissatisfaction with the petitioners' relationship may endanger the petitioners' life and liberty, the courts are compelled to issue the necessary orders to provide for their safety.
At last, the court disposes of the present petition and direct the respondent to consider the representation and to assess the threat perception to the petitioner after considering the same.
CASE NAME- Priya and another V. State of Punjab and Others
CITATION- CRWP No.7836 of 2022
DATE- 18.08.2022
CORUM- Justice Nidhi Gupta
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