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2025 Supreme(P&H) 243

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
JASJIT SINGH BEDI, J.
Sukhvinder Kaur And Another - Petitioners
Versus
State Of Haryana And Others - Respondents
CRWP-8832-2025
Decided on : 13-08-2025

Advocates Appeared:
For the Petitioner:Mr. Ramandeep Singh, Advocate
For the Respondent: Mr. Viney Phogat, DAG, Haryanas

The Court recognizes the right to life and liberty under Article 21, entitling individuals in a live-in relationship to protection if threatened.

Headnote:(A) Constitution of India, Article 226 - Protection of Life and Liberty - The petitioners sought protection under Article 226 citing threat perception due to their live-in relationship. The court noted precedents granting protection to live-in couples, emphasizing the legal recognition of their right to choose partners. The court observed that the right to life includes the right to freely choose one's partner and live without fear of harm. (Paras 10, 14, 15)

(B) Right to Life - The court reaffirms that protection of life and liberty is fundamental, and individuals have the right to live with partners of their choice. (Paras 14, 16)

Facts of the case:
The petitioners, engaged in a live-in relationship, sought protection from perceived threats due to familial disapproval. Prior judgments were cited to substantiate their claims for protection in similar situations.

Findings of Court:
The court directed respondents to assess the threat perception and ensure protection, highlighting the necessity of safeguarding constitutional rights.

Issues: The main issue included whether petitioners in a live-in relationship were entitled to protection against potential threats from relatives.

Ratio Decidendi: The court held that the right to choose a partner and live without fear is protected under Article 21. All individuals, regardless of relationship status, are entitled to protection of their life and liberty.

Result: The petition is disposed of with directions for the safety and protection of the petitioners.

Table of Content
1. petitioners seek life and liberty protection. (Para 2 , 3)
2. precedents cited for similar protective orders. (Para 4 , 5 , 10)
3. court emphasizes life and liberty rights. (Para 11 , 12)
4. protection must be assessed and provided. (Para 14 , 15)

JUDGMENT :

JASJIT SINGH BEDI, J.

The present Criminal Writ Petition has been filed under Article 226 of the Constitution of India for issuance of directions to respondent Nos. 2 & 3 to protect the life and liberty of the petitioners.

2. The petitioner no.1 is stated to have been born on 01.01.1987 and for this purpose, reference has been made to the Aadhaar card (Annexure P-1). The petitioner no.2 is stated to have been born on 01.01.1978 and for the said purpose, reference has been made to the Aadhaar card (Annexure P-2). It is stated that the petitioners are in a “Live in Relationship”. Petitioner No.1 had solemnized marriage with Meethu Ram (since deceased) and out of the said wedlock five daughter and one son was born. Petitioner No.2 is also married and he is residing separately from the last five years. And as such, the petitioner No.1 is in a ‘live-in-relationship’ with petitioner No.2.

3. Learned counsel for the petitioners has stated that a co-ordinate Bench of this Court in a judgment dated 18.05.2021 passed in CRWP-4521-2021 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”.

4. The 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 asParamjit 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.

5. The learned Counsel for the petitioners has also 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 therein.

6. The learned counsel has further submitted that the petitioners have sent a representation dated 12.08.2025 (Annexure P-3) to respondent no.2 and they would be satisfied in case respondent no.2 is directed to look into the said representation and after considering the threat perception to the petitioners, take appropriate action in accordance with law.

7. Notice of motion to respondents Nos.1 to 3 only.

8. On advance notice, Mr. Viney Phogat, DAG, 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.

10. 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

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