Himachal Pradesh High Court Allows Writ Petition for Protection of Life and Liberty After Marriage

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In the present case, the petitioners filed a writ petition under Article 226 of the Constitution. The Petition was in response to a breach in their right to life and liberty under Article 21. The plea sought their safety after they married against their parent’s wishes.

Brief Facts of the Case 

The Petitioners wished to get married to each other. The parents of both Respondents did not agree. The parents considered the marriage to be against their norms as it was based on inter-caste relations. Due to the aforesaid situation, the petitioners married each other. The marriage was performed against their parents’ will. The Petitioners are fearful of their lives. They have the apprehension that there may be a threat to their safety.

The Petitioners speculate that their parents might try to annihilate their union. They claimed that the Respondents might perform acts that may hinder their liberty. The Respondents also pose to be a threat to their lives.

To protect their lives and personal liberty, the Petitioners approached the Court. They have invoked Article 21( Right to life)  of the Constitution of India. The Petitioners have pled for the protection of their fundamental right. To this end, they have filed the present writ petition under Article 226.  Through this petition, the Petitioners seek protection by the Court against their parents.

Arguments before the Court

The Petitioners argued that their parents are a threat to their marriage. Also, they claimed that they feel a threat to their lives and personal liberty.  Thus, they pled for necessary directions to safeguard the same.

Observations of the Court

The Court has observed that the prayers of the petitioners are legitimate. Thus, the fundamental right of the petitioners needs immediate attention and necessary directions.

Further, the petitioners need protection from the police. It is to safeguard them from harassment by the Respondents. The Court followed the precedent set by the Supreme Court in Lata Singh v. State of UP (2006) 5 SCC 475 and allowed the petition.

Judgment

Based on the facts and situation, the Court deemed protection to be necessary.  Thus, the Court ordered for police protection to safeguard their fundamental rights. The Court ordered the police to assure that Petitioners’ life and personal liberty does not incur any harm.


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