In CRWP-12177-2022-PUNJ HC- Protection of life and liberty is basic feature of Constitution as emanating out of Article 21 and every major person has right to live his/her life with person of his or her choice: P&H HC
Justice Jasjit Singh Bedi [23-12-2022]

Read Order: Sonia Rani and Another v. State of Punjab & Others

Monika Rahar

Chandigarh, January 4, 2023: While dealing with a protection plea involving a married partner, the High Court of Punjab and Haryana has held that the protection of life and liberty is a basic feature of the Constitution of India as emanating out of Article 21 of the Constitution of India  and that every person, more so, a major, has the right to live his / her life with a person of his / her choice. 

“Whenever this Court, prima-facie, is satisfied that on account of some relatives/ persons being unhappy with the relationship between the petitioners could cause harm to the life and liberty of the petitioners, then in such circumstances, the Courts are required to pass necessary directions for their protection”, the Bench of Justice Jasjit Singh Bedi held. 

The present Criminal Writ Petition was filed for issuance of directions to the respondents to protect the life and liberty of the petitioners. 

The first petitioner (born in 2004) and the second petitioner (born in 1985) were in a Live-in-Relationship. The second petitioner had a wife living from his previous marriage, out of which two children were born. 

The petitioners’ counsel moved a representation before the Senior Superintendent of Police, Distt. Ferozepur for seeking protection. and they would be satisfied in case respondent no.2 is directed to look into the said representation and after considering threat perception to the petitioners, to take appropriate action.

After hearing the parties, the Court observed that even if the petitioners were living in a “Live in Relationship”, they were entitled to the protection of their life and liberty. With respect to the aspect of the second petitioner not being divorced, the Bench noted that it was held in the case “Ishrat Bano and Another v. State of Punjab and Others”, wherein it was held that a perusal of above would show that the Court had primarily observed that the divorce documents were one sided documents, thus, prima-facie it appeared that the divorce was not legal. 

Further, on the aspect of protection to life and liberty, the Bench opined that the protection of life and liberty is a basic feature of the Constitution of India as emanating out of Article 21. 

“Every person, more so, a major, has the right to live his / her life with a person of his / her choice. Whenever this Court, prima-facie, is satisfied that on account of some relatives/ persons being unhappy with the relationship between the petitioners could cause harm to the life and liberty of the petitioners, then in such circumstances, the Courts are required to pass necessary directions for their protection”, the Bench opined. 

Keeping in view the above-said facts and circumstances and without commenting upon the legality of the relationship between the petitioners or expressing any opinion on the merits of the case, the Court deemed it appropriate to dispose of the present petition with a direction to the second respondent to consider the representation and to assess the threat perception to the petitioners and after considering the same, respondent No.2 shall take appropriate action in accordance with law.