The right to life and liberty under Article 21 of the Constitution of India includes the right to choose a partner and the entitlement to protection for individuals in live-in relationships.

JUDGMENT

Nidhi Gupta, J.(Oral) - Prayer in the instant petition filed under Article 226 of the Constitution of India is for issuance of directions to respondents No.2 and 3 to protect the life and liberty of the petitioners, who are living in live-in relationship against the wishes of private respondents i.e. respondents No.4 to 9.

2. Petitioner No.1-Sourab is stated to be born on 01.01.2004 and for this purpose, reference has been made to Aadhaar Card (Annexure P-1). Petitioner No.2-Resham is stated to be born on 15.09.2005 and for the said purpose, reference has been made to Aadhaar Card (Annexure P-2). It is stated that the petitioners are in a 'Live in Relationship'.

3.Learned counsel for the petitioners contends that petitioner No.2-Resham is aged 17 years and 18 days and referred to Neelam Rani and another vs. State of Haryana and others, 2011(1) RCR (Civil) 636 to submit that the girl in the said case was also more than 17 years of age and had been granted protection by this Court.

4. Learned counsel for the petitioners has stated that a co-ordinate Bench of this Court in a judgment dated 18.05.2021 passed in CRWP4521- 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'.

5. Learned counsel has further relied upon an order passed by a coordinate Bench of this Court dated 03.09.2021, passed 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. 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 03.10.2022 (Annexure P-3) to respondent No.2-Superintendent of Police, Jind and they would be satisfied in case 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. Mr. Shivendra Swaroop, AAG, Haryana appears and accepts notice on behalf of respondents Nos.1 to 3 and has stated that he 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.

9. This Court has heard learned counsel for the parties. In Pardeep Singh's (supra), a co-ordinate Bench of this Court has 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 liveinrelationship. 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