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Jasleen Kaur And Another vs State Of Punjab And Others
2026 Latest Caselaw 3906 P&H

Citation : 2026 Latest Caselaw 3906 P&H
Judgement Date : 28 April, 2026

[Cites 3, Cited by 0]

Punjab-Haryana High Court

Jasleen Kaur And Another vs State Of Punjab And Others on 28 April, 2026

                       CRWP-4830-2026(O&M)                    1

                                110 IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                AT CHANDIGARH

                                                              CRWP-4830-2026(O&M)
                                                              Date of Decision :28.04.2026

                       Jasleen Kaur and Another
                                                                            ....Petitioners

                                                       VERSUS

                       State of Punjab and Others
                                                                           ....Respondents


                       CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU


                       Present:       Mr. N.S.Gill, Advocate for
                                      Mr. H.S.Sidhu, Advocate for the petitioners


                       MANDEEP PANNU J. (Oral)

1. The present writ petition under Article 226 of the

Constitution of India has been filed seeking issuance of a writ in the

nature of mandamus directing the official respondents to protect the

life and liberty of the petitioners at the hands of private respondents,

who are none other than the family members of the petitioners.

2. Learned counsel for the petitioners seeks protection of

life and liberty of the petitioners by contending that both of them are

major and are living together in a 'live-in relationship' against the

wishes of the private respondents and seek appropriate protection

from the authorities. Petitioner No.1 is already married to respondent

No.4, however, is now living with petitioner No.2 in a 'live-in

relationship'. They have submitted a representation dated 22.04.2026

(Annexure P-3) in this regard to the Senior Superintendent of Police,

Moga, but are still apprehensive about their security in view of the

apparent inaction and alleged clout of their family members-

respondents.

3. Notice of motion only to official respondents.

4. On the asking of the Court, Mr. Sahil Chowdhary, AAG,

Punjab, accepts notice on behalf of the official respondents. A copy of

the paper-book be handed over to him during the course of the day.

5. The learned Counsel for the petitioners has relied upon an

order passed by a Co-ordinate Bench of this Court dated 02.11.2021

passed in CRWP-10411-2021 Amandeep Kaur & Anr. Vs. State of

Punjab & Ors. wherein one of the parties was married, however, was

in a 'live-in relationship' with another person other than her husband,

this Court had granted protection to the petitioners. He further relies

upon decision rendered in CRWP-4521-2021 titled as 'Pardeep

Singh and another vs. State of Haryana and others' decided on

18.05.2021 wherein protection was granted to a couple in a 'live-in

relationship'.

6. This Court has made the following observations in

Pardeep Singh's case(supra) while granting protection to the

petitioners who were residing in a live-in relationship:-

"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 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. 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."

7. Thus, in view of the law laid down in Pardeep Singh'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.

8. Thus, the Senior Superintendent of Police, Moga is

directed to consider the representation dated 22.04.2026 (Annexure P-

3) qua threat perception and take appropriate steps to ensure that no

harm is caused to the life and liberty of the petitioners.

9. It is nevertheless clarified that this order is issued only on

the premise that the petitioners are major as seen from the documents

placed on record being their Aadhar Cards as Annexures P-1 and P-2

respectively. This would not ipso facto amount to granting any seal of

approval on the legality of their relationship. Further, they would not

be entitled for any protection against their arrest or continuance of

any criminal proceedings, if otherwise, found to be involved in

commission of any cognizable offence(s).

10. The petition is disposed of with the above direction.

11. Pending application(s), if any, is/are disposed of.

                       April 28, 2026                                      (MANDEEP PANNU)
                       rekha                                                  JUDGE
                                Whether speaking/non-speaking : Yes/No
                                Whether reportable              : Yes/No

 
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