2026 Supreme(Online)(P&H) 89061
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Mandeep Pannu, J
PARVEEN KAUR AND ANOTHER – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
CRWP No.5264 of 2026
For the Appellants/Petitioners: Vikram K. Bishnoi, Nikhil Batta
For the Respondents: Navraj S. Mahal
The right to life and liberty under Article 21 of the Constitution of India entitles couples in a live-in relationship to state protection, regardless of whether their relationship is formalized by marriage, provided they are majors.
Headnote:The petitioners filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus for the protection of their lives and personal liberty. The petitioners, who are majors, are residing in a live-in relationship against the wishes of their relatives and expressed apprehension regarding their security despite submitting a representation to the police authorities. The court found that the right to life and liberty is a basic feature of the Constitution and extends to individuals regardless of the formalization of their relationship. The court addressed the issue of 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". The court reasoned that the right to choose a partner and the decision to adopt a non-formal approach of a live-in relationship is part of an individual's right to full development of potential, and such persons are entitled to equal protection of laws as any other citizen, as the state is obligated to protect life and liberty even in the absence of a valid marriage. The petition is disposed of with direction to the Senior Superintendent of Police, District Patiala, to consider the representation qua threat perception and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.
| Table of Content |
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| 1. petitioners seek state protection for their live-in relationship due to threats from relatives. (Para 1 , 2 , 3 , 4) |
| 2. precedents establish that the right to life and liberty under article 21 protects couples regardless of marriage status. (Para 5 , 6 , 7) |
| 3. protection of life and liberty is sacrosanct and applicable to those in live-in relationships. (Para 8) |
| 4. direction to police for protection based on majority age, without validating the relationship's legality. (Para 9 , 10 , 11 , 12) |
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MANDEEP PANNU, J
(Oral)
1. The present writ petition under Article 226 of the Constitution of India has been filed seeking issuance of a writ in the nature of mandamus directing respondents No.2 & 3 to protect the lives and personal liberty of the petitioners and not to interfere in the personal life and liberty of the petitioners which is in danger at the hands of respondents No.4 to 8 and other relatives and friends.
2. Learned counsel for the petitioners seeks protection of life and liberty of the petitioners by contending that both of them are major and are living together in a ‘live-in relationship’ against the wishes of the private respondents and to seek appropriate protection from the authorities, they have submitted a representation dated 04.05.2026 (Annexure P-4) in this regard to the Senior Superintendent of Police, Patiala, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members-respondents.
3. Notice of motion only to official respondents.
4. On the asking of the Court, Mr. Navraj S. Mahal, DAG, Punjab, accepts notice on behalf of the official respondents. A copy of the paper-book be handed over to him during the course of the day.
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 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 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 individual is precious and must be protected irrespective of individual views. The Constitutional Courts grant protection to couples, who ha