Merely Because Adult Boy Is Not Of Marriageable Age, It Would Not Deprive Young Couple Of Their Right To Live Together: P & H High Court Grants Protection To Live-In Couple

While dealing with the protection plea of a young couple in a live-in relationship, the Punjab and Haryana High Court on Tuesday observed that merely because the adult boy is not of marriageable age, it would not deprive the young couple of their fundamental right as enshrined under Article 21 of the Constitution. 

Justice Harnaresh Singh Gill was adjudicating upon a writ petition filed under Article 226 of the Constitution wherein the petitioners (young couple) had sought police protection against their parents who had objected to their live-in relationship. Petitioner No. 2 (boy) although a major, had not yet attained marriageable age which is why the parents had been issuing threats to the couple. 

Directing the Senior Superintendent of Police, Gurdaspur to grant protection to the couple in case any threat to life and liberty is perceived, the Court observed, 

"It is the bounden duty of the State as per the Constitutional obligations cast upon it to protect the life and liberty of every citizen. Mere fact that petitioner No. 2 is not of marriageable age, would not deprive the petitioners of their fundamental right as envisaged in the Constitution, being citizens of India. "

In the instant case, the petitioners had submitted a representation dated December 7, 2021, to the Senior Superintendent of Police, Gurdaspur, for redressal of their grievance but no action had been taken.  Thereafter, the instant plea had been filed. 

The counsel for the petitioners submitted that the petitioners are living in constant danger as they are under constant apprehension that their parents will carry out their threats and might even go to the extent of committing their murder. The petitioners are, therefore, running from pillar to post for the protection of their life and liberty, it was averred further. Reliance was also placed on the Supreme Court judgment in Nandakumar and Anr v. The State of Kerala wherein the Apex Court had held that even if the boy was not competent to enter into wedlock, they have the right to live together even outside wedlock. The Apex Court had also taken into consideration that 'live-in relationship' is now recognized by the Legislature itself. 

Taking cognisance of the grievance raised, the Court issued notice to the AAG Harpreet Singh Multani and further opined, 

"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 procedure established by law."

Accordingly, the Court while disposing of the plea directed the Senior Superintendent of Police, Gurdaspur, to decide the representation dated December 7, 2021, moved by the petitioners in accordance with law and grant protection to them. 

Case Title: Sapna and Anr v. State of Punjab 

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