[Cites 5, Cited by 0]
Punjab-Haryana High Court
Kalsum And Another vs State Of Haryana And Others on 30 April, 2026
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
CRWP-5071-2026 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(157)
CRWP-5071-2026 (O&M)
Date of decision: 30.04.2026
Kalsum and another ...... Petitioners
V/s
State of Haryana and ors. .....Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Inderjeet Singh Advocate,
for the petitioners.
Ms. Geeta Rani, AAG, Haryana.
*****
JASJIT SINGH BEDI, J. (Oral)
The present Criminal Writ Petition has been filed under Article
226/227 of the Constitution of India for issuance of appropriate directions to
official respondents to protect the life and liberty of the petitioners from
respondent Nos.4 to 8.
2. Petitioner no.1 is stated to be born on 01.01.2001. Petitioner
no.2 is stated to be born on 01.01.1997 and for the said purpose, reference
has been made to Aadhaar cards (Annexures P-1 and P-2). It is stated that
the petitioners are in a "Live in Relationship" since petitioner no.1/Kalsum
had solemnized a marriage with respondent No.9/Imran in 2024. Whereas,
petitioner No.2/Istak had solemnized a marriage with respondent
No.10/Nasreena.
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3. Learned counsel for the petitioners has stated that a co-ordinate
Bench of this Court in a judgment dated 18.05.2021 passed in CRWP-4521-
2021 titled as "Pardeep Singh and another vs. State of Haryana and
others" has granted protection in a case where the petitioners were living in
a "Live in Relationship".
4. The learned counsel relies upon an order dated 03.09.2021
passed in LPA-769-2021 titled as "Ishrat Bano and another vs. State of
Punjab and others" whereby this Court granted protection to the petitioners
therein while observing that a criminal case had been registered against the
parties and one of the parties therein was not legally divorced.
5. The learned counsel has further relied upon an order passed by
a coordinate Bench of this Court dated 03.09.2021, in CRWP-7874-2021
titled as "Paramjit Kaur and another vs. State of Punjab and others" as per
which although the divorce petition filed by petitioner no.2 therein was
dismissed, yet this Court had granted protection to the petitioners.
6. 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. as
per which in a case where one of the parties was married and was living in
with another person other than her husband, this Court had granted
protection to the petitioners.
7. Learned counsel has further submitted that the petitioners have
given a representation dated 28.04.2026 (Annexure P-3) to respondent no.2-
2026.05.01 16:54 Superintendent of Police, Yamuna Nagar and they would be satisfied in case
CRWP-5071-2026 (O&M)
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respondent no.2 is directed to look into the said representation and after
considering threat perception to the petitioners, to take appropriate action.
8. Notice of motion to respondents Nos.1 to 3 only.
9. On advance notice, Ms. Geeta Rani, AAG, Haryana appears and
accepts notice on behalf of respondents Nos.1 to 3 and has stated that she
has no objection in case respondent no.2 is directed to look into the
representation of the petitioners on the aspect of threat perception and to
take appropriate action, in accordance with law.
10. This Court has heard learned counsel for the parties.
11. It goes without saying that the protection of life and liberty is a
basic feature of the Constitution of India as emanating out of Article 21.
Every person, moreso, a major, has right to live his/her life with a person of
his/ her choice subject to the laws as applicable. 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.
12. Keeping in view the abovesaid facts and circumstances and
without commenting upon the legality of the relationship between the
petitioners or expressing any opinion on the merits of the case, this Court
deems it appropriate to dispose of the present petition with a direction to
respondent no.2 to consider the representation dated 28.04.2026 (Annexure
P-3) and to assess the threat perception to the petitioners and after
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considering the same, respondent No.2 shall take appropriate action in
accordance with law.
13. Accordingly, the petition stands disposed of with abovesaid
directions.
14. It is, however, clarified that this order shall not debar the State
and/or any person aggrieved from initiating appropriate proceeding against
any or both of the petitioners, if any cause of action arises by the petitioners
'living in' together or if they are involved in any case.
( JASJIT SINGH BEDI)
April 30, 2026 JUDGE
vishal
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
