IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
VIKAS BAHL, J.
Vicky Kumar and another – Petitioners
Versus
State of Punjab and others – Respondents
CRWP-4182-2026
Decided On : 15-04-2026
| Table of Content |
|---|
| 1. parties seeking judicial intervention for police protection regarding life and liberty in live-in relationships. (Para 1 , 2 , 3 , 4) |
| 2. duty of the state to protect life and liberty regardless of the legality of the relationship or personal morality. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. fundamental right of adults to associate and reside with a partner of their choice, requiring state protection against threats. (Para 13) |
| 4. court order directing authorities to evaluate threat perceptions and provide necessary protection without deciding relationship legality. (Para 14 , 15 , 16) |
JUDGMENT
VIKAS BAHL, J.(ORAL)
1. The present Criminal Writ Petition has been filed under Article 226 / 227 of the Constitution of India for directing respondents no.1 to 3 to protect the life and liberty of the petitioners.
2. Learned counsel for the petitioners has submitted that the date of birth of petitioner no.1 is 16.07.1991 as is apparent from his aadhar card (Annexure P-1) and the date of birth of petitioner no.2 is 13.05.2003 as is apparent from her aadhar card (Annexure P-2) and thus, both the petitioners are major. It is submitted that the petitioners are living in a “Live in Relationship” out of their free will and without any pressure and petitioner no.2 was earlier married to respondent no.4 and out of the said wedlock, they have two children, one of which is living with petitioner no.2 and other is living with the husband of petitioner no.2. It is submitted that there is no decree of divorce between petitioner no.2 and her husband and they have been living separately for the last three months. It is further argued that the petitioners have apprehension of danger to their life and liberty from the private respondents and thus, the petitioners had moved a representation dated 06.04.2026 for protection of their life and liberty and has submitted that the petitioners would be satisfied in case respondent no.2 is directed to look into the said representation and take appropriate action, in accordance with law.
3. Notice of motion to respondent nos.1 to 3 only.
4. On advance notice, Mr.Sandeep Singh, AAG, Punjab, appears and accepts notice on behalf of respondent nos.1 to 3. He has stated that he has no objection in case, respondent no.2 looks into the representation dated 06.04.2026 (Annexure P-3) with a limited prayer for only protection of life and liberty of the petitioners and takes appropriate action, in accordance with law.
5. This Court has heard the learned counsel for the parties and has perused the paper book.
6. A Co-ordinate Bench of this Court vide judgment dated 18.05.2021 passed in CRWP-4521-2021 titled as “ Pardeep Singh and another vs. State of Haryana and others ” 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 live-in- relationship. 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 into small towns and villages also as is evident from this petition. This shows that social acceptance for live-in- relationships is on the increase. In law, such a relationship is not prohibited nor does it amount to commission of any offence and thus, in my considered view such persons are entitled to equal protection of laws as any other citizen of the
The right to life and liberty is a fundamental constitutional guarantee. Individuals, including those in live-in relationships, are entitled to state protection against threats to their safety, regar....
Individuals in live-in relationships are entitled to equal protection of life and liberty under the Constitution, even when societal acceptance is lacking.
The right to life and liberty under Article 21 includes the right to choose a partner, and individuals in live-in relationships are entitled to protection from threats.
Individuals in live-in relationships are entitled to protection of life and liberty under Article 21 of the Constitution, similar to those in formal marriages.
The right to life and liberty under Article 21 includes the right to choose a partner, whether through marriage or a live-in relationship, warranting protection from threats.
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