Mukesh And Anr vs State Of Punjab And Others
2023 Latest Caselaw 16766 P&H

                     CRWP-9543-2023                                        2023:PHHC:126465
                                                                                  1


                                   IN THE HIGH COURT OF PUNJAB & HARYANA

                                                  AT CHANDIGARH

                     114                                          CRWP No.9543 of 2023
                                                                  Date of decision: 26.09.2023

                     Mukesh and another
                                                                                     ....Petitioners
                                                         Versus

                     State of Punjab and others

                                                          ...Respondents
                     CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

                     Present :       None appears in view of the request letter circulated by Bar
                                     Association.

                                                 *****

AMAN CHAUDHARY. J.

1. The present petition has been filed under Article 226 of the

Constitution of India for issuance of direction to respondent Nos.2 & 3 to

protect life and liberty of the petitioners at the hands of respondent Nos.4

to 8 as they are in a 'live-in' against the wishes of their family members.

2. As per the averments made, both the petitioners are major

and the date of births of petitioner No.1 is 09.11.1997 and petitioner No.2

is 23.03.1996. The copies of their Aadhar cards are appended as

Annexures P-1 and P-2, respectively. The petitioners are in a 'live-in

relationship', on account of which family members of petitioner No.1 are

giving threats to them that on finding an occasion they will forcibly take

her back and kill them.

3. The issue as to whether marriage is a must for providing

protection to a couple in a 'live-in relationship', keeping in view the

fundamental rights ensured under Article 21 of the Constitution of India,

has been considered by the different Benches of this Court in CRWP-

Ankur Goyal
2023.09.26 15:50
I attest to the accuracy and
integrity of this order/judgment
                      CRWP-9543-2023                                      2023:PHHC:126465

4521-2021 titled as Pardeep Singh and another vs. State of Haryana

and others decided on 18.05.2021; CRWP-8081-2021 titled as Goutam

Kumar and another vs. State of Punjab and others decided on

26.08.2021 and also by the Division Bench in LPA 769-2021 titled as

Ishrat Bano and another vs. State of Punjab and others decided on

03.09.2021 and in LPA 1678-2014 titled as Rajwinder Kaur and

another vs. State of Punjab and others decided on 09.10.2014.

4. This Court in Pardeep Singh's case (supra) while granting

protection to the petitioners therein, where they were residing in a live-in

relationship, had held as under:

"The Constitution of India is the Supreme Law of the land. Right to life and liberty is enshrined therein and is treated as a basic feature. The said right includes the right of an individual to full development of his/her potential in accordance with his/her choice and wish and for such purpose, he/she is entitled to choose a partner of his/her choice. The individual also has the right to formalize the relationship with the partner through marriage or to adopt the non-formal approach of a live-in relationship. The concept of live-in- relationships has crept into our society from western nations and initially, found acceptance in the metropolitan cities, probably because, individuals felt that formalization of a relationship through marriage was not necessary for complete fulfillment. Education played a great role in development of this concept. Slowly, the concept has percolated into small towns and villages also as is evident from this petition. This shows that social acceptance for live-in-relationships is on the increase. In law, such a relationship is not prohibited nor does it amount to commission of any offence and thus, in my considered view such persons are entitled to equal protection of laws as any other citizen of the country. The law postulates that the life and liberty of every individual is precious and must be protected irrespective of individual views.

Ankur Goyal 2023.09.26 15:50 I attest to the accuracy and integrity of this order/judgment CRWP-9543-2023 2023:PHHC:126465

Let us examine the issue from another view-point. The Constitutional Courts grant protection to couples, who have married against the wishes of their respective parents. They seek protection of life and liberty from their parents and family members, who disapprove of the alliance. An identical situation exits where the couple has entered into a live-in-relationship. The only difference is that the relationship is not universally accepted. Would that make any difference? In my considered opinion, it would not. The couple fears for their safety from relatives in both situations and not from the society. They are thus, entitled to the same relief. No citizen can be permitted to take law in his own hands in a country governed by Rule of Law.

The petition is accordingly, disposed of with direction to respondent No.2 to consider the representation dated 9.5.2021 (Annexure P3) and to provide appropriate protection, if found necessary. It shall be ensured that no harm comes either to the lives or liberty of the petitioners."

5. In Rajwinder Kaur's case (supra), the Division Bench has

held as under:-

"We have no reason to doubt that the fundamental right to life and liberty is so sacrosanct and stands at such a high pedestal that it must be protected even in the absence of an incident like solemnization of a valid marriage between the parties. While the appellants might be required to satisfy an appropriate forum regarding the validity of their marriage but even in the absence of such validation, the State is obligated to protect their life and liberty. We, thus, modify the order passed by the learned Single Judge and dispose of this appeal with a direction to the respondent-police- authorities to ensure that no harm is caused by anyone to the life and liberty of the appellants. The police- authorities shall, however, verify the age of the appellants and if any further remedial action is required to be taken on such verification, the same shall be taken forthwith."

Ankur Goyal 2023.09.26 15:50 I attest to the accuracy and integrity of this order/judgment CRWP-9543-2023 2023:PHHC:126465

6. Thus, in view of the law laid down in Pardeep Singh's case

(supra) and Rajwinder Kaur's case (supra), this Court is of the view that

even in case the petitioners are in a "Live-in Relationship", protection qua

the life and liberty of the petitioners being sacrosanct stands at the highest

pedestal. Thus, they are entitled to be granted protection of life and

liberty.

7. Considering the facts and circumstances of the case and

without commenting upon the aspect of the nature of their relationship or

expressing any opinion on merits of the case, the present petition is

disposed of with a direction to respondent No.2 to look into the

representation dated 20.09.2023, Annexure P-3 and if any threat

perception is found, to take appropriate action in accordance with law.

8. It is however, made clear that this order shall not preclude

the authorities to proceed against the petitioners, in case, they are found

involved in any other criminal proceedings, instituted/pending against

them if there is some evidence that surfaces regarding their involvement

in a cognizable offence, for which they may be required by the

investigating agency.

                                                                        (AMAN CHAUDHARY)
                                                                             JUDGE
                     15.09.2023
                     Ankur

                                   Whether speaking/reasoned     :     Yes/No
                                   Whether reportable            :     Yes/No




Ankur Goyal
2023.09.26 15:50
I attest to the accuracy and
integrity of this order/judgment