"Complaint To Police By Kin Not Threat To Life & Liberty": PH High Court Dismisses Protection Plea Moved By Same-Sex Live-In Couple

The Punjab and Haryana High Court on Tuesday dismissed a plea filed by a same-sex live-in couple seeking protection of their life and liberty on account of the fact that their family members are against their alliance and are extending threats to them that they would be falsely implicated in criminal cases.

The Bench of Justice Manoj Bajaj found that the apprehension expressed by the petitioners that they may be falsely implicated in some criminal case was misplaced, as admittedly, no complaint had been made so far against them by the private respondents.

"Even, if it is assumed, that a complaint is given to the police by any of the private respondents against the petitioners, then it cannot be construed as a threat to their life and liberty, as private respondents are also free to avail their remedy in law in case, they feel that some offence has been committed," the Court further added.

It may be noted that petitioner No.1 (Amandeep Kaur), aged 27 years, and petitioner No.2 (Ramandeep Kaur) aged 21 years had moved the Court with their protection plea averring that they fell in love with each other and decided to live together in a live-in relationship.

The counsel for the petitioners stated that when the relationship of the petitioners came to the knowledge of family members of both the petitioners, they turned against their alliance, as they wanted to perform the marriage of both the petitioners with a boy of their own choice.

As a result of that, petitioner No.1 ran away from her house and is now residing with petitioner No.2 in a live-in relationship. It was their further submission that the private respondents were extending threats to them that they would implicate them in a false criminal case, therefore, they gave a representation to the Superintendent of Police, Sri Muktsar Sahib, but no action was taken upon it.

Therefore, seeking necessary directions, they had moved to the Court. However, the Court dismissed their plea.

Case title - Amandeep Kaur and another v. State of Punjab and others

Citation: 2022 LiveLaw (PH) 58

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