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2023 Supreme(P&H) 33

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Nidhi Gupta, J.
Shalu Rani & Anr. - Appellants
Versus
State of Haryana & Ors. - Respondents
Criminal Writ Petition No. 12369 of 2022
Decided On : 02-01-2023

Advocates Appeared:
Namit Khurana, Advocate

The right to live with a person of one's choice is a fundamental right, and the protection of life and liberty is a basic feature of the Constitution of India.

Headnote:

Marriage - Protection of Life and Liberty - The court emphasized the right to live with a person of one's choice as a basic feature of the Constitution of India, and directed the authorities to assess the threat perception to the petitioners and take appropriate action for their protection.

Fact of the Case:

The petitioners, who have married against the wishes of their relatives, sought directions to protect their life and liberty.

Finding of the Court:

The court emphasized the fundamental right to live with a person of one's choice and directed the authorities to assess the threat perception to the petitioners and take appropriate action for their protection.

Issues: Protection of life and liberty, threat perception, and right to choose a life partner.

Ratio Decidendi: The protection of life and liberty is a basic feature of the Constitution of India, and individuals have the right to live with a person of their choice. Courts are required to pass necessary directions for the protection of individuals when there is a threat to their life and liberty due to unhappy relatives or persons.

Final Decision: The court directed the authorities to consider the representation of the petitioners and assess the threat perception, and take appropriate action in accordance with the law.

JUDGMENT

Nidhi Gupta, J. - 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 have married against the wishes of private respondents i.e. respondents No.4 to 8.

2. Petitioner No.1-Shalu Rani is stated to be born on 08.12.1999 and for this purpose, reference has been made to Aadhar Card (Annexure P-1). Petitioner No.2-Bittu Kumar is stated to be born on 12.12.1995 and for the said purpose, reference has been made to Aadhar Card(Annexure P-2). The petitioners have solemnized Marriage on 28.12.2022. A copy of the Marriage Certificate of the petitioners is annexed to the petition as Annexure P-3. It is stated to be first marriage of the petitioners.

Notice of motion.

3. Ms. Ambika Luthra, Additional AG, Haryana, appears and accepts notice on behalf of respondents No. 1 to 3 and has stated that she has no objection in case respondent no.2-Superintendent of Police, Yamuna Nagar 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.

4. At this stage, K.L. Saini, Advocate puts in appearance on behalf of respondents No.4 and 5, parents of petitioner No.1 and submit that they would like to meet her and conduct her marriage to petitioner No.2 according to their customs. Counsel for the petitioners submits that the petitioners are already married. Both parties are also open to exploring mediation proceedings.

This Court has heard learned counsel for the parties.

5. 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. 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.

6. Keeping in view the abovesaid facts and circumstances, this Court deems it appropriate to dispose of the present petition with a direction to respondent no 2 to consider the representation dated 28.12.2022 (Annexure P-5) and to assess the threat perception to the petitioners and after considering the same, respondent No. 2 shall take appropriate action in accordance with law

Accordingly, the petition stands disposed of with abovesaid directions.

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