In CRWP-6302-2022-PUNJ HC- Protection of life and liberty is basic feature of Constitution of India: P&H HC grants protection to couple involved in live-in-relationship without obtaining divorce from their respective spouses Justice Vikas Bahl [30-06-2022]

Read Order: Manju Teli and Another v. State of Haryana and Others

Monika Rahar

Chandigarh, July 4, 2022: The Punjab and Haryana High Court has recently held that even if the petitioners are living in a “Live in Relationship”, they are entitled to protection of life and liberty, while allowing the protection plea of a ‘live-in couple’ who were living separately from their respective spouses and had not taken any legal divorce.

Further, the Bench of Justice Vikas Bahl added, “Every person, more so, a major, has the right to live his / her life with a person of his / her choice at any rate, 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.”

every person, more so, a major, has the right to live his / her life with a person of his / her choice at any rate, 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 present Criminal Writ Petition was filed under Articles 226/227 of the Constitution of India for the issuance of direction to the respondent-authorities to protect the life and liberty of the petitioners.

Essentially, in this case, the petitioners were living together in a “Live-in-relationship”. They claimed to be above the age of the minority. Previously, they were married to their respective spouses, but later, in order to live together, they parted ways from the said spouses without getting a divorce.

After citing relevant precedents, the Counsel for the petitioner argued that the petitioners were entitled to get protection to secure their life and liberty. Also, it was the case of the Counsel that the petitioners gave a representation to the Police and they would be satisfied in case the Police were directed to look into the said representation and after considering threat perception to the petitioners, to take appropriate action. 

After considering the submissions made above, the Court opined at the very outset that even if the petitioners were living in a “Live in Relationship”, they were entitled to the protection of life and liberty. With respect to the aspect of petitioners not being legally divorced, the Court observed that protection of life and liberty is a basic feature of the Constitution of India and every person, more so, a major has the right to live his / her life with a person of his / her choice at any rate, 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.

Thus, keeping in view the above said facts and circumstances and without commenting upon the legality of the relationship 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 Police to consider the representation of the petitioner and to assess the threat perception to the petitioners and after considering the same, the Police was directed to take appropriate action in accordance with the law. 

Accordingly, the present Criminal Writ Petition was disposed of with the above-said directions.