IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
TASAMIM AND ANOTHER – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
##PAGE1##
1. The present petition has been filed under Articles 226/227 of
the Constitution of India for issuance of direction to respondent No.2 to
protect life and liberty of the petitioners at the hands of private
respondents as they are in a ‘live-in’ against the wishes of their family
members.
2. Learned counsel for the petitioners refers to the averments
made in the petition, to state that both the petitioners are major and the
date of birth of petitioner No.1 and No.2 are 11.07.1987 and 01.01.1995,
respectively. The copies of their Aadhar cards are appended as Annexures
P-1 and P-2, respectively. The petitioners are stated to be in a 'live-in
relationship', on account of which family members of petitioner No.1 are
giving threats to them.
3. Notice of motion.
PARVEEN KUMAR
2025.12.23 17:21
I attest to the accuracy and
integrity of this
order/judgment.
##PAGE2##CRWP-13921-2025 -2-
4. At the asking of the Court, Ms. Gagandeep Kaur, DAG,
Punjab, accepts notice on behalf of respondent Nos.1 to 3 and has no
objection in deciding the representation filed on behalf of the petitioners.
5. The issue as to whether marriage is a must for providing
protection to a couple in a 'live-in relationship', keeping in view the
fundamental rights ensured under Article 21 of the Constitution of India,
has been considered by the different Benches of this Court in CRWP-
4521-2021 titled as Pardeep Singh and another vs. State of Haryana
and others decided on 18.05.2021; CRWP-8081-2021 titled as Goutam
Kumar and another vs. State of Punjab and others decided on
26.08.2021 and also by the Division Bench in LPA 769-2021 titled as
Ishrat Bano and another vs. State of Punjab and others decided on
03.09.2021 and in LPA 1678-2014 titled as Rajwinder Kaur and
another vs. State of Punjab and others decided on 09.10.2014.
6. This Court in Pardeep Singh's case(supra) while granting
protection to the petitioners therein, where they were residing in a live-in
relationship, had 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.
PARVEEN KUMAR
2025.12.23 17:21
I attest to the accuracy and
integrity of this
order/judgment.
##PAGE3##CRWP-13921-2025 -3-
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 country. The law postulates that the life
and liberty of every individual is precious and must be
protected irrespective of individual views.
Let us examine the issue from another view-point. The
Constitutional Courts grant protection to couples, who
have married against the wishes of their respective
parents. They seek protection of life and liberty from
their parents and family members, who disapprove of
the alliance. An identical situation exits where the
couple has entered into a live-in-relationship. The only
difference is that the relationship is not universally
accepted. Would that make any difference? In my
considered opinion, it would not. The couple fears for
their safety from relatives
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