Order

30/04/2024

1. Petitioners have preferred instant petition for issuance of necessary directions to official-respondents to provide adequate security and protection to them on the ground that they are facing grave threat of their life and liberty at the hands of private respondents.

2. It has been contended that both petitioners are major and their marriage was also fixed with the consent of their guardians, however, because of inter se dispute among guardians, they refuse to perform their marriage, hence, both petitioners started to live together as husband and wife in live-in relationship. Agreement dated 18.02.2024 has been executed between both petitioners.

3. Counsel for petitioners submits that petitioners in order to live happily and peacefully are seeking protection qua private respondents, who are not happy with the relationship of petitioners.

4. Pursuant the judgment of the Apex Court in case of Navtej Singh Johar V. Union of India [(2018)10 SCC 1] and of this court in Bajrang Lal Sharma v. State of Rajasthan, SB Cr. Miscellaneous Petition No.2/2019 decided on 4-1-2019, the State Government through Director General of Police issued a Circular dated 18-1-2019 and appointed Nodel Officer at every Police Station in the state of Rajasthan for ventilation of grievances of newly married couple, including for adequate protection. Life and liberty is fundamental right of every citizen being part of Article 21 of the Constitution of India, petitioners deserve protection of their life and liberty in accordance with law.

5. Similar to the married couple, petitioners, who are major and willingly living in relationship, without entering into marriage, also cannot be denied protection of their life and liberty since it is fundamental right of every citizen being part of Article 21 of the Constitution of India as has been observed by this Apex Court in case of S.Khushboo v. Kanniammal [(2010)5 SCC 600] and Joseph Shine v. Union of India [(2019)3 SCC 39]. Thus, petitioners deserve protection of their life and liberty in accordance with law.

6. In view of above, however, this Court in exercise of its writ jurisdiction is not inclined to enter into examining the validity of marriage/ legality of relationship of parties, therefore does not render any affirmation of legality and validity of the status of parties under which they are living together, but keeping in mind the proposition of law set forth by the Apex Court in catena of judgments and in order to protect fundamental rights of parties for their life and liberty, guaranteed under the Constitution, this petition is disposed of with liberty to petitioners to approach the concerned Nodal Officer for ventilation of their grievances.

7. In case petitioners move any application, it is expected from the concerned Nodal Officer to take necessary action for not allowing to illegally hinder in peaceful life and liberty of petitioners by private respondents, who are not agreeable to the relationship of petitioners, but after verifying the fact, if required.

8. However, it is made clear that this order will not affect the civil/ criminal proceedings, if any, in the present matter.

9. Stay application and other pending application(s), if any stand disposed of.

(SUDESH BANSAL), J RONAK/37

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