Even if adult live-in partner not of marriageable age, cant deprive him of fundamental right: High Court

Read Order: Anjali Devi and another v. State of Haryana and others 

 LE Correspondent

Chandigarh, July 26: Granting police protection to a live-in couple, the Punjab and Haryana has held that the mere fact that one of the adult partners is not of marriageable age would not deprive them of their fundamental right as envisaged in the Constitution, being citizens of India.

The bench of Justice Harnaresh Singh Gill stated that Article 21 of the Constitution stipulates protection of life and liberty to every citizen and that no person shall be deprived of his life and personal liberty except according to the procedure established by law. 

“In view of the above and without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of the present petition with a direction to respondent No.2 – Superintendent of Police, Sirsa, to decide the representation moved by the petitioners, and grant protection to them, if any threat to their life and liberty is perceived,” stated Justice Harnesh Singh Gill.

The order came after a live-in couple filed a plea seeking protection from their family members.

While both partners in the live-in relationship are majors, the man has not yet attained the marriageable age for males of 21 years.

The Counsel for the petitioners stated that they want to live together in a live-in relationship and to marry each other once petitioner No.2 attains marriageable age of 21 years. They sought protection to their life and liberty as they apprehend danger at the hands of their family members. 

The petitioners submitted a representation dated 19.07.2021 Superintendent of Police, Sirsa but there was no action, the counsel claimed.