IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl, J
Salma Bhai – Appellant
Versus
State Of Punjab – Respondent
CRWP-4251-2026
| Table of Content |
|---|
| 1. summary of facts and pending police representation for life protection. (Para 1 , 2 , 3 , 4) |
| 2. court reiterates that protection of life and liberty is paramount despite the nature of the relationship. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. final direction to police to assess and act on threat perception. (Para 14 , 15 , 16) |
VIKAS BAHL, J.(ORAL)
1. The present Criminal Writ Petition has been filed under Article 226 of the Constitution of India for directing respondents no.2 and 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 03.11.2005 as is apparent from her aadhar card (Annexure P-1) and the date of birth of petitioner no.2 is 01.01.2001 as is apparent from his 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.1 was earlier married with respondent no.4 and they have been blessed with one child, who is residing with petitioner no.1. It is submitted that petitioner no.1 would take full care of the said child. It is submitted that although there is no divorce between petitioner no.1 and respondent no.4 but petitioner no.1 and respondent no.4 are residing separately for the last six months. It is submitted that petitioner no.1 does not wish to live with respondent no.4 but wishes to live with petitioner no.2. 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 through e-mail dated 12.04.2026 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 12.04.2026 (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 country. The law postulates that the life and liberty of every individua
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