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2026 Supreme(Online)(P&H) 86167

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harkesh Manuja, J
Baljinder Kaur – Appellant
Versus
State Of Punjab – Respondent
Criminal Writ Petition No. 6697 of 2026



Advocates:
For the Appellants/Petitioners: Amardeep Singh Sidhu
For the Respondents: Gunjan Mehta

Individuals in a live-in relationship have a constitutional right to protection of life and liberty, and where there is a threat to their safety, it is incumbent upon police authorities to assess such threat perception despite the social status of the relationship.

Headnote:The petitioners, both majors living in a live-in relationship, filed a petition under Article 226 of the Constitution of India seeking protection of life and liberty, alleging threats from private respondents. The court observed that regardless of the nature of the relationship, citizens are entitled to safety and no one can take the law into their own hands in a regime governed by the Rule of Law. Relying on judicial precedents established in similar matters, the Court determined that the petitioners' representation regarding safety deserves assessment by the police authorities. The central issue addressed was whether couples in a live-in relationship are entitled to constitutional protection of life and liberty against family threats. The Court reasoned that the Constitutional Courts routinely grant protection to couples marrying against family wishes, and a live-in relationship, though not universally accepted, warrants identical relief as the threat to safety arises from family disapproval rather than societal acceptance. The petition was disposed of with a direction to the Senior Superintendent of Police, Tarn Taran, to consider the representation dated 01.06.2026 and assess the threat perception to the petitioners, while allowing the State to proceed against them if involved in any other criminal cases.

****

HARKESH MANUJA, J. (ORAL)

The present Criminal Writ petition has been filed under Article 226 of the Constitution of India for issuance of direction to respondent Nos.2 to 4 so as to protect the life and liberty of the petitioners.

Notice of motion qua respondent Nos. 1 to 4 only.

Mr. Gunjan Mehta, Additional Advocate General, Punjab, appears and accepts notice on behalf of respondent Nos. 1 to 4 and requisite copies of the petition have already been supplied to the learned State Counsel by learned counsel for the petitioners.

As per contents made in the petition along with the documents attached, it appears that both the petitioners are major and stated to be in a “Live-in Relationship”.

It has been contended that petitioner No. 1 is in live-in relationship out of her own free wish and will and without there being any threat at the hands of petitioner No. 2. It has been further submitted that the petitioners are having continuous threat at the hands of private respondent Nos. 4 to 8 and in this regard they have already submitted representation dated 01.06.2026 (Annexure P-3) to respondent No.3. It has also been contended that despite there being a continuous threat to the life and liberty of the petitioners, at the hands of private respondent Nos. 4 to 8, the official respondents have failed to take any action in this regard.

Learned counsel for the petitioners also relies upon the two decisions rendered by this Court in the case of “ Shilpa and another Versus State of Punjab and others ” passed in CRWP No. 10101 of 2021 on 22.10.2021 and “ Pardeep Singh and another Versus State of Haryana ” passed in CRWP No. 4521 of 2021 on 18.05.2021. The relevant paragraph No. 6 from Pardeep Singh and another's case (supra) is reproduced as under for reference:

“ 6. 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 in both situations and not from the society. They are thus, entitled to the same relief. No citizen can be permitted to take law in his own hands in a country governed by Rule of Law.”

Keeping in view the proposition of law laid down in the aforementioned cases and without expressing any opinion upon the relationship being maintained by the petitioners, however, considering their age, the present petition is disposed off with a direction to respondent No.3- Senior Superintendent of Police, Tarn Taran (Punjab), to consider the representation dated 01.06.2026 (Annexure P-3) and assess the threat perception to the petitioners and after considering the same, pass necessary directions to respondent No.4 in this regard.

It is, however, clarified that this order shall not debar the State from proceeding against the petitioners, if involved in any other case.

Pending applications(s), if any, shall also stand disposed off.

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