Protection to Live-in Couple Can’t be Denied Just Because Boy is not of Marriageable Age

Another petition related to live-in relationships landed in Punjab & Haryana High Court, in which a judgement was given on 22nd June 2021.

The petitioners, a couple, were Kajal Rani & Harwinder Singh. Although both were major, the boy was not of marriageable age; i.e. 21 years old. The petition was made under Art.226/227, praying to protect life and liberty under Art.21 of the Indian Constitution. 

The couple submitted to the court that they were in a live-in relationship and that their parents have been informed about the living situation. However, it was put forth that they were receiving threats from their parents regarding their live-in. 

They submitted a representation from 18th June, made to the police in regard for the redressal of their grievance, but no action was taken upon the same. The petitioners were living in constant danger and fear that the threats would be acted upon to such an extent that it could become a case of honor killing. The couple had been “running from pillar to post” for protection of their life and liberty.

The court, under the Judge Harnesh Singh Gill, stated that it was the bounden duty of the State as per the Constitutional obligations cast upon it to protect the life and liberty of every citizen. The mere fact that the boy is not of marriageable age does not deprive the grant of protection of fundamental rights. 

Stating this, the court granted protection to the young couple.

Click to Read/Download Order 

Story by Sai Kulkarni – Intern

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