The main legal point established is that individuals in a live-in relationship are entitled to protection of life and liberty under Article 21 of the Constitution, irrespective of marriage, as recognized by the legislature and various judgments.

JUDGMENT / ORDER

Aman Chaudhary, J. (Oral) - The present petition has been filed under Article 226 of the Constitution of India for issuance of direction to respondent Nos. 1 to 3 to protect the life and liberty of the petitioners at the hands of respondent Nos. 4 to 6, as they are residing together in a 'live-in relationship' and apprehending threat on account thereof.

2. Learned counsel for the petitioners while referring to Affidavit of petitioner Nos. 1 and Aadhar Card of petitioner No.2 submits that both the petitioners are major but petitioner No.2 is not of marriageable age as per the Hindu Marriage Act. Learned counsel further submits that the petitioners are in a 'live-in relationship', on account of which respondent Nos.4 to 6 are giving threat to eliminate and implicate them in a false case.

3. Learned counsel for the petitioners limits his prayer to the extent that the petitioners would be satisfied if respondent No.2- Superintendent of Police, Karnal, District Karnal is directed to look into the representation dated 15.9.2022 (Annexure P-3), submitted by the petitioners in this regard and take appropriate action on the same.

4. Notice of motion to respondent Nos. 1 to 3 only.

5. At the asking of the Court, Mr.Mavpreet Singh, DAG, Punjab. accepts notice on behalf of respondent Nos. 1 to 3 and states 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.

6. This Court has heard learned counsel for the parties.

7. Before proceeding further, it would be worthwhile to make a reference to the provisions and the judgments on the issue involved so as to arrive at a just conclusion.

Section 5(iii) of The Hindu Marriage Act, 1955, reads thus:-

'Conditions for a Hindu marriage. - A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely-

(i) and

(ii) xx xx xx

(iii) the bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years] at the time of the marriage;"

8. In Criminal Appeal No.597 of 2018 titled as 'Nandakumar and another vs. The State of Kerala and others' decided on 20.4.2018, Hon'ble the Supreme Court has held as under:-

'We need not go into this aspect in detail. For our purposes, it is sufficient to note that both appellant No.1 and Thushara are major. Even if they were not competent to enter into wedlock ( which position itself is disputed), they have right to live together even outside wedlock. It would not be out of place to mention that live-in-relationship is now recognized by the Legislature itself which has found its place under the provisions of the Protection of Women from Domestic Violence Act, 2005."

9. In Shafin Jahan vs. Asokan K.M., (2018) 16 SCC 368, the Hon'ble Supreme Court of India reiterated the right of choice of an adult and has held thus:-

'The petitioners are seeking protection of their life and liberty as envisaged under Article 21 of the Constitution of India. Article 21 of the Constitution of India provides for protection of life and personal liberty and further lays down that no person shall be deprived of his or her personal liberty except as per the procedure established by law. No doubt petitioner No.2 is not of marriageable age, however, admittedly, he is a major. Merely because of the fact that petitioner No.2 is not of a marriageable age the petitioners cannot possibly be denied enforcement of their fundamental rights as envisaged under Article 21 of the Constitution of India. The petitioners, both being major, have decided to live together in a live-in relationship and there possibly may not be any legally justifiable reason for the respondents to object to the same."

10. The family is the natural and fundamental unit of society and is entitled to protection by society and the State. The Constitution guarantees, the right to life. This is a right that cannot be taken away e