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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Nidhi Gupta, J.
Rachana & Anr. - Appellants
Versus
State of Haryana & Ors. - Respondents
Criminal Writ Petition No. 12345 of 2022
Decided On : 02-01-2023
Article 21 - Protection of Life and Liberty - The court emphasized the fundamental right to live with a person of one's choice and the obligation of the court to pass necessary directions for the protection of life and liberty in cases where harm is anticipated due to disapproval of the relationship by relatives or other persons.
Fact of the Case:
The petitioners sought directions to protect their life and liberty after marrying against the wishes of private respondents. The petitioners had solemnized their marriage, and the court was approached under Article 226 of the Constitution of India.
Finding of the Court:
The court, recognizing the fundamental right to live with a person of one's choice and the obligation to protect life and liberty, directed the respondent to consider the representation and assess the threat perception to the petitioners, taking appropriate action in accordance with the law.
Issues: Protection of life and liberty, threat perception due to disapproval of relationship by relatives, fundamental rights under Article 21 of the Constitution of India.
Ratio Decidendi: The court emphasized the fundamental right to live with a person of one's choice and the obligation of the court to pass necessary directions for the protection of life and liberty in cases where harm is anticipated due to disapproval of the relationship by relatives or other persons.
Final Decision: The petition stands disposed of with directions to the respondent to consider the representation and assess the threat perception to the petitioners, taking 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 9.
2. Petitioner No.1-Rachana is stated to be born on 2.1.2002 and for this purpose, reference has been made to Aadhar Card (Annexure P-1). Petitioner No.2-Vishal is stated to be born on 8.3.1995 and for the said purpose, reference has been made to Aadhar Card (Annexure P-2). The petitioners have solemnized Marriage on 22.12.2022 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, Addl. 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 Jind 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
This Court has heard learned counsel for the parties.
4. 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.
5. 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 22.12.2022 (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
6. Accordingly, the petition stands disposed of with abovesaid directions.
The fundamental right to live with a person of one's choice and the obligation of the court to protect life and liberty in cases where harm is anticipated due to disapproval of the relationship by re....
The fundamental right to live with a person of one's choice, as per Article 21 of the Constitution of India, is a basic feature and was upheld by the court.
The fundamental right to live with a person of one's choice and the obligation of the court to protect individuals when their life and liberty are at risk due to disapproval from relatives or others.
The fundamental right to live with a person of one's choice and the obligation of the courts to protect life and liberty, especially in the context of disapproval from relatives or others, are fundam....
The right to live with a person of one's choice and the duty of the court to protect life and liberty.
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.
The fundamental right to live with a person of one's choice is protected under Article 21, and the courts are obligated to pass necessary directions for the protection of individuals when their life ....
The right to live with a person of one's choice is a fundamental right, and the court is required to protect the life and liberty of individuals when there is a threat due to disapproval of their rel....
The court has the authority to direct law enforcement to take necessary steps to protect the life and liberty of individuals from potential harm or interference.
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