IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ****

CRWP-6137-2025 (O&M)

Date of Decision: 10.06.2025 Mohini and another ..... Petitioners Versus State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present: Ms. Indu Bala, Advocate for the petitioners.

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HARSH BUNGER J. (ORAL)

Petitioners have filed the instant petition under Article 226 of the Constitution of India seeking issuance of writ in the nature of Mandamus for directing respondents No.2 and 3 to provide protection of life and liberty to the petitioners, who have not solemnized marriage so far but are living in a live-in relationship and are under eminent threats at the hands of respondents No.4 to 7.

1.1 A further prayer has been made for directing respondent No.2 to decide the representation dated 03.06.2025 (Annexure P-3), submitted by the petitioners, in a time bound manner.

1.2 The date of birth of petitioner No.1 is 25.01.2007 and petitioner No.2 is not of marriageable age as his date of birth is 24.09.2005.

2. At the outset, learned counsel for the petitioners submits that

HIMANI GUPTA the petitioners would be satisfied at this stage, if a direction is issued to

respondent No.2 (Senior Superintendent of Police, SAS Nagar, Mohali) to consider/decide their representation dated 03.06.2025 (Annexure P-3) wherein, the apprehension to their lives has been expressed, however, it is stated that no action has been taken.

3. Notice of motion only to the official respondents i.e.

respondents No.1 to 3 is being issued.

4. Mr. Nirmaljit Singh Diwana, Sr. DAG, Punjab, who is present in the Court, accepts notice on behalf of State/respondents No.1 to 3.

5. Given the nature of the order being passed, there is no necessity to seek any response by the official respondents or even to serve the private respondents No.4 to 7.

6. Having heard learned counsel for the petitioners as well as learned State counsel, I am of the considered view that every citizen is entitled to protection/enforcement of fundamental rights as envisaged under Constitution of India. It is the bounden duty of the State to protect the life & liberty of every citizen as enshrined under Article 21 of the Constitution of India. Right to human life is to be treated on much higher pedestal, regardless of a citizen being minor or a major.

7. Since the petitioners are seeking protection qua their lives and personal liberties, therefore, it would be appropriate to direct respondent No.2 (Senior Superintendent of Police, SAS Nagar, Mohali)/competent authority to verify the contents of the petition and/or representation dated 03.06.2025 (Annexure P-3), submitted by the petitioners, particularly the threat perception of the petitioners and take necessary action, if required.

8. It is clarified that this order shall neither be treated as a stamp of this Court qua the status of the parties on the basis of their alleged live-in relationship nor any reflection on the merits of the contentions raised by them in the present petition.

9. The writ petition is, accordingly, disposed of.

10. All the pending application(s), if any, shall also stand closed.

10.06.2025 (HARSH BUNGER)

Himani JUDGE

1. Whether speaking/reasoned : Yes/No 2. Whether reportable : Yes/No