Article 21 Upheld: Punjab & Haryana HC Orders Police Protection for Couple Married Against Parental Wishes, Despite FIR and Husband's Prior Divorce Timing - 2025-06-12

Punjab & Haryana High Court Orders Police Protection for Couple Fearing Threats After Marrying Against Family Wishes

Chandigarh: The High Court of Punjab and Haryana, in a recent judgment dated July 19, 2024, has directed the Haryana Police to assess the threat perception and provide necessary protection to a young couple who married against the wishes of the woman's parents. The order, delivered by Hon'ble Mr. Justice Harsimran Singh Sethi , emphasized the paramount importance of protecting the life and liberty of adult individuals, even as it acknowledged an FIR lodged against the husband and a peculiar timing concerning his prior divorce.

Case Background: Marriage, Threats, and a Plea for Safety

The petitioners, Prachi (born July 8, 2001) and her husband (born July 17, 1990), both majors, approached the High Court through a Criminal Writ Petition (CRWP 12722 / 2024) seeking protection of their lives and liberty. They solemnized their marriage on July 17, 2023, and registered it, as evidenced by a marriage certificate (Annexure P-3).

The couple stated that they married without the consent of Prachi's parents (Respondents No. 3, 4, and 5) and have since been receiving threats from them. Further complicating matters, it was submitted that this was the second marriage for Prachi's husband. His first marriage was dissolved by a divorce decree dated August 10, 2023 (Annexure P-4). Notably, this decree was issued after his marriage to Prachi on July 17, 2023.

Additionally, an FIR (No. unspecified, dated July 18, 2023) under Sections 323 (voluntarily causing hurt) and 506 (criminal intimidation) of the Indian Penal Code, 1860, had been registered at Police Station Sadar, Gurugram, against the husband at the instance of Prachi's father (Respondent No. 3). The petitioners had also submitted a representation to the police on July 19, 2023 (Annexure P-5), seeking protection, which had not been acted upon.

Court's Observations and Directions

Justice Harsimran Singh Sethi , after hearing the counsel for the petitioners, Ms. Sunil Devi, and Mr. Rupinder Singh Jhand, Addl. A.G. for the State of Haryana, focused on the immediate need to protect the petitioners. The Court observed:

> "It is submitted that both petitioners are major and they have performed marriage against wishes of parents of petitioner No.1... they are apprehending threats from the hands of her parents i.e. respondents No.3 to 5."

Acknowledging the pending FIR, the Court directed:

> "Considering this situation petitioner No.1 will approach the Investigating Officer of the said FIR to give her statement."

For the husband, Petitioner No. 2, the Court noted he "will also seek appropriate legal remedy in FIR No.... dated 18.07.2023".

The core of the judgment lay in its directive to the police authorities (Respondents No. 2 and 3, i.e., the Superintendent of Police/Commissioner of Police, Gurugram):

> "Respondents No.2 and 3 are directed to consider the factual position and dispose of the representation dated 19.07.2023 (Annexure P-5). Let life and liberty of both the petitioners be protected from the hands of respondents No.3 to 5 considering the threat perception..."

No Bearing on Marriage Validity or Other Proceedings

Crucially, the Court clarified that its order for protection was not an endorsement of the marriage's validity or a comment on any pending legal proceedings. This is particularly relevant given the timeline of the husband's prior divorce. The judgment explicitly stated:

> "Aforesaid protection order will have no bearing on legality and validity of marriage or pending legal proceedings."

Conclusion: Prioritizing Life and Liberty

The High Court's decision underscores the judiciary's role in safeguarding the fundamental right to life and personal liberty under Article 21 of the Constitution, especially for adult couples who choose their partners against societal or familial opposition. While the legal complexities surrounding the marriage and the FIR will be addressed through separate legal channels, the immediate concern for the couple's safety has been prioritized. The petition was accordingly disposed of, along with any pending miscellaneous applications.