[Article 21] 'Prima-Facie' Satisfaction Of Potential Harm To Couple Sufficient To Pass Protection Orders: Punjab & Haryana High Court

Punjab and Haryana High Court has observed that whenever the Court is "prima-facie" satisfied that relatives are unhappy with the relationship of a couple and can cause harm to them, the Courts are required to pass directions for their protection.

Justice Jasjit Singh Bedi thus directed the Punjab Police to consider representation for providing protection to a couple in a live-in relationship, wherein the boy was below marriageable age and the woman was already married. The bench said,

"Every person, moreso, a major, has right to live his/her life with a person of his/ her choice subject to the laws of the land. 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."

These observations came in response to a protection petition filed by a live-in couple, wherein the boy was below 21 years old and the girl was a major and already married, seeking protection from their relatives.

After hearing the submissions, the Court referred to the High Court's decision in Pardeep Singh and another vs. State of Haryana and others, wherein it was held that "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."

Justice Bedi opined that even if the petitioners are living in a “Live in Relationship”, they are entitled to the protection of their life and liberty.

The Court said that the protection of life and liberty is a fundamental right emanating out of Article 21 of the Constitution of India.

Without commenting upon the legality of the relationship between the petitioners or expressing any opinion on the merits of the case, the Court disposed of the petition with a direction to the Police to consider the representation of the petitioners to assess the threat perception and take appropriate action in accordance with law.

 Ashish Nagar, Advocate, for the petitioners.

XXX v. State of Punjab and ors.

Citation: 2024 LiveLaw (PH) 79