Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Nidhi Gupta, J.
Heavendeep Kaur & Anr. - Appellants
Versus
State of Punjab & Ors. - Respondents
Criminal Writ Petition No. 12335 of 2022
Decided On : 02-01-2023
Protection of Life and Liberty - Marriage - The court emphasized the right to live with a person of one's choice as a basic feature of the Constitution of India, and held that when there is a threat to the life and liberty of individuals due to disapproval of their relationship, the court is required to pass necessary directions for their protection.
Fact of the Case:
The petitioners, who married against the wishes of certain relatives, sought directions to protect their life and liberty.
Finding of the Court:
The court acknowledged the right to live with a person of one's choice as a fundamental right and directed the Senior Superintendent of Police to assess the threat perception to the petitioners and take appropriate action in accordance with the law.
Issues: Protection of life and liberty of individuals who married against the wishes of certain relatives.
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. When there is a threat to their life and liberty due to disapproval of their relationship, the court is required to pass necessary directions for their protection.
Final Decision: The petition stands disposed of with directions to assess the threat perception to the petitioners 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 6.
2. Petitioner No.1-Heavendeep Kaur is stated to be born on 28.5.1995 and for this purpose, reference has been made to Aadhar Card (Annexure P-1). Petitioner No.2-Shamsher Singh is stated to be born on 22.5.1997 and for the said purpose, reference has been made to Aadhar Card(Annexure P-2). The petitioners have solemnized Marriage on 26.12.2022 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.Shivani Sharma, Deputy Advocate General,Punjab 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-Senior Superintendent of Police, Tarn Taran 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 27.12.2022 (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 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 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 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 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 court to protect life and liberty in cases where harm is anticipated due to disapproval of the relationship by re....
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 right to live with a person of one's choice and the duty of the court to protect life and liberty.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
