Daljeet Kaur And Anr vs State Of Punjab And Ors
2022 Latest Caselaw 6351 P&H

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      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                           CRWP-6481-2022 (O&M)
                                           Date of decision: 07.07.2022

Daljeet Kaur and another                                          ...Petitioners

                                    Versus

State of Punjab and others                                       ...Respondents


CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:-    Mr. DPS Joura, Advocate for the petitioners.

             ****

HARNARESH SINGH GILL, J. (ORAL)

This petition has been filed under Article 226 of the

Constitution of India for issuance of a writ in the nature of mandamus

directing respondent Nos. 2 to 3 to protect the life and liberty of the

petitioners at the hands of respondent Nos. 4 to 8.

Learned counsel for the petitioners submits that petitioner No.1

is major, but petitioner No.2, though major, is not of marriageable age.

They are living together in live-in relationship. They would solemnise

marriage, after attaining the marriageable age by petitioner No. 2. He

further submits that parents of petitioner No. 1 were informed, but they are

issuing threats to the petitioners regarding their live-in relationship. The

petitioners have already submitted a representation dated 01.07.2022

(Annexure P-3) to respondent No.2-Superintendent of Police, Bathinda, for

redressal of their grievance.

Learned counsel for the petitioners further submits that the

petitioners are living in a constant danger as they have every apprehension

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that the private respondents would catch them and carry out their threats

and might go to the extent of even committing their murder. The petitioners

are, therefore, running from pillar to posts for protection of their life and

liberty.

In support of his contentions, learned counsel for the

petitioners relies upon the judgments passed by the Hon'ble Supreme

Court of India in 'Nandakumar and Anr. Vs. The State of Kerala and

others', 2018(2) RCR(Civil) 899. Wherein it was held that even if the boy

was not competent to enter into wedlock, they have right to live together

even outside wedlock. It would not be out of place to mention that 'live-in

relationship' is now recognized by the Legislature itself.

Notice of motion to the respondents No.1 to 3 only.

On the asking of this Court, Mr. Ajay Pal Singh Gill, DAG

Punjab, accepts notice on behalf of respondents No.1 to 3.

I have heard the learned counsel for the parties.

Article 21 of the Constitution stipulates protection of life and

liberty to every citizen and that no person shall be deprived of his life and

personal liberty except according to procedure established by law.

It is the bounden duty of the State as per the Constitutional

obligations cast upon it to protect the life and liberty of every citizen. Mere

fact that petitioner No. 2 is not of marriageable age would not deprive the

petitioners of their fundamental right as envisaged in the Constitution, being

citizens of India.

In view of the above discussion, I dispose of the present

petition with a direction to respondent No.2-Superintendent of Police,

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Bathinda, to decide the representation dated 01.07.2022 (Annexure P-3),

moved by the petitioners in accordance with law and grant protection to

them, if any threat to their life and liberty is perceived.

It is made clear that this order shall not be taken to protect the

petitioners from legal action for violation of law if any committed by them.

(HARNARESH SINGH GILL) JUDGE 07.07.2022 Parveen kumar Whether reasoned/speaking? Yes/No Whether reportable? Yes/No

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