The single Judge bench of Justice Jasjit Singh Bedi of the Punjab and Haryana High Court in the case of Ranjit Kaur and Anr V. state of Punjab and Ors considered the protection of life and liberty being of paramount consideration and without getting into the issue as to whether the relationship between the parties was legal or not.
BRIEF FACTS
The factual matrix of the case is that since both petitioners are married, they are in a "Live in Relationship." While petitioner no. 2 has two children, petitioner no. 1 has three children who were born outside of marriage. The petitioners have not yet filed for divorce from their respective wives, and after doing so, they aim to get married to one another. Thereafter, the present writ petition was filed under Article 226/227 of the constitution of India to direct the respondents regarding providing protection to the life and liberty of the petitioners
The learned counsel appearing on behalf of the petitioners 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.’ It was submitted that if respondent no. 2 is instructed to investigate the aforementioned representation and take appropriate action after taking into account any perceived threat to the petitioners, they will be satisfied.
COURT’S OBSERVATION
The hon’ble court after considering the judgments titled. ‘Pardeep Singh and another vs. State of Haryana and others,’ and ‘Ishrat Bano and another vs. State of Punjab and others.’ Observed that the protection of life and liberty is a basic feature of the Constitution of India as emanating out of Article 21. Every person, more so, a major, has the right to live his / her life with a person of his / her choice. Whenever this Court, prima-facie, is satisfied that on account of some relatives/ persons being unhappy with the relationship between the petitioners could cause harm to the life and liberty of the petitioners, then in such circumstances, the Courts are required to pass necessary directions for their protection. The court further directed the respondent to assess the threat perception to the petitioners and after considering the same, the respondent shall take appropriate action in accordance with the law.
CASE NAME- Ranjit Kaur and Anr V. state of Punjab and Ors
CITATION- CRWP-7678-2022
DATED- 10.08.2022
CORUM- Justice Jasjit Singh Bedi
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