Libertatem Magazine

“Right To Live-in Can’t Be Denied Merely Because the Man Is Not Yet of Marriageable Age” : Punjab and Haryana High Court

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The present Petition was filed under Article 226 of the Constitution before the High Court of Punjab and Haryana. The Petitioners herein sought the protection of their life and liberty as enshrined under Article 21 of the Constitution of India.

Facts of the Case

The Petitioners herein were an adult couple who had known each other since the last one year and wanted to marry. When the Parents of the girl came to know about it, they confined her into a room and threatened to kill her, if she continued the relationship. After the same, on December 20th the Petitioner left her home and chose to be in a live-in relationship with the boy since he had not yet attained a minimum marriageable age. However, the relationship was not acceptable to the Parents of the girl. Due to these circumstances, the Petitioners were threatened with consequences by the relatives of the girl.

Submissions Before the Court

Adv. Yashpal Thakur appeared for the Petitioners. He contended that the life and liberty of the Petitioners were in grave danger at the hands of the Respondents. The Counsel further stated that the Petitioners had also moved a representation to the Senior Superintendent of Police, District Fatehgarh Sahib, Punjab on December 20th, for protection. However, no action had been taken.

Court’s Observation

The Court observed that both the Petitioners were majors and they had every right to live their lives as they desire within the four corners of the law. The Court further relied on a Judgement held by Hon’ble Supreme Court in Shafin Jahan vs. Asokan K.M., (2018) 16 SCC 368. In this matter, it was held that “The right to marry a person of one’s choice is integral to Article 21 of the Constitution…Society has no role to play in determining our choice of partners.”

Court’s Order

A Single Bench of Justice Alka Sarin held that the life and liberty of a live-in couple had to be protected even if one of the partners had not attained the marriageable age.

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