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2018 Supreme(P&H) 392
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMOL RATTAN SINGH, J.
Rohit Kumar and another - Petitioners
Vs.
State of Punjab and others - Respondents
CRM-M-4334-2018
Decided On : 02-02-2018
For the Petitioners: Mr. K.L. Saini
Fundamental right of protection of life and liberty under Article 21 of the Constitution of India
Headnote:
Fundamental Right - Protection of Life and Liberty - Court directed respondents to ensure the safety of petitioners without commenting on the validity of the marriage
Fact of the Case:
The petitioners sought protection from their parents and relatives after marrying each other against their wishes. They provided proof of their age and marital status.
Finding of the Court:
The court, without commenting on the validity of the marriage, directed the respondents to ensure the safety of the petitioners as protection of life and liberty is a fundamental right under Article 21 of the Constitution of India.
Issues: Protection of life and liberty of the petitioners against their parents and relatives after marrying each other.
Ratio Decidendi: Fundamental right of protection of life and liberty under Article 21 of the Constitution of India.
Final Decision: The court directed the respondents to ensure the safety of the petitioners without commenting on the validity of the marriage, with a caveat that if any averments made in the petition are found to be incorrect, the order shall not be a bar on proceedings initiated as per law.
AMOL RATTAN SINGH, J.
1. The petitioners, who are present in the court, are seeking protection of their lives and liberty at the hands of respondents No. 4 to 6, who are stated to be the parents and other immediate relative of petitioner no. 2, on account of the fact that they have married each other of their own free will, against the wishes of the said respondents on 30.01.2018. Photographs of what is stated to be a marriage ceremony have been annexed with the petition.
2. As regards proof of age of both the petitioners, a photocopy of the Permanent Account Number (PAN card), issued by the Income Tax Department showing the date of birth of petitioner no. 1 to be 25.04.1994 and a photocopy of the Aadhar card issued by the Unique Identification Authority of India, showing the date of birth of petitioner no. 2 to be 01.08.1997, have been annexed with the petition as Annexures P-1 and P-2 respectively, the originals of which have been produced in Court. As per the said identity cards, both petitioners are above the legally marriageable age.
3. On a specific query put to learned counsel for the petitioners, it has been stated that neither are the petitioners in any prohibited relationship to each other, nor has any of them been married earlier. He states that he has obtained specific instructions from the petitioners in that regard.
4. Consequently, since protection of life and liberty is a fundamental right of every citizen under Article 21 of the Constitution of India, without commenting on the validity of the marriage, this petition is disposed of with a direction to respondents No. 2 and 3 to ensure that the lives and liberty of the petitioners are not put to any harm or threat at the hands of the aforesaid respondents or at their behest.
5. However, it is made clear that if any of the averments made in the petition is found to be incorrect, specifically with regard to either the petitioners being in any prohibited relationship to each other, or as regards their previous marital status, or with regard to their age, this order shall not be construed to be a bar on proceedings initiated as per law.
