Harmeet Kaur and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC3 Jan 2025CRWP/28/2025

Case brief

AI extract

What is this about?

CRWP-28-2025(O&M), decided 03.01.2025 (Nidhi Gupta, J.): protection-of-life-and-liberty writ petition by married couple Harmeet Kaur and Baljinder Singh (marriage 31.12.2024, both majors) against interference by private respondents No.4 to 7; Article 21 right to live with person of choice affirmed; respondent No.2 directed to consider representation dt. 31.12.2024 (Annexure P-5), assess threat perception and act in accordance with law; petition disposed of.

What did the court decide?

Direction to respondent No.2 to consider the petitioners' representation dated 31.12.2024 (Annexure P-5), assess the threat perception to the petitioners and take appropriate action in accordance with law; no opinion expressed on the legality of the relationship. ¶25-26

Harmeet Kaur and Anr. Vs State of Punjab… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, both majors who solemnized marriage on 31.12.2024, are entitled to protection of life and liberty at the hands of official respondents No.1 to 3, and non-interference in their peaceful married life at the behest of respondents No.4 to 7.

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Court's answer

Protection of life and liberty is a basic feature of the Constitution of India as emanating out of Article 21.

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Ratio / Principle

Every person, more so a major, has the right to live his/her life with a person of his/her choice.

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Key takeaways

Where a court is prima facie satisfied that relatives/persons being unhappy with the relationship between the petitioners could cause harm to their life and liberty, the courts are required to pass necessary directions for their protection.ratio¶19
Without commenting upon the legality of the relationship between the petitioners or expressing any opinion on the merits, the Court disposed of the petition with a direction to respondent No.2 to consider the representation dated 31.12.2024 (Annexure P-5).ratio¶20

Detailed headnote1 paragraphs

Protection of life and liberty — Writ petition under Articles 226/227 of the Constitution of India by a newly married couple (Petitioner No.1 born 02.01.2006; Petitioner No.2 born 05.10.2002; marriage solemnized on 31.12.2024) seeking directions to official respondents No.1 to 3 for protection of their life and liberty and non-interference in their peaceful married life at the behest of respondents No.4 to 7. Held: protection of life and liberty is a basic feature of the Constitution emanating out of Article 21; every person, more so a major, has the right to live his/her life with a person of his/her choice; where the Court is prima facie satisfied that relatives/persons unhappy with the relationship could cause harm to the petitioners, necessary protective directions must issue. Without commenting on the legality of the relationship or the merits, the petition was disposed of with a direction to respondent No.2 to consider the representation dated 31.12.2024 (Annexure P-5), assess the threat perception to the petitioners and take appropriate action in accordance with law.

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Page 1 of 3

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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112 CRWP-28-2025(O&M) Date of order: 03.01.2025

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Harmeet Kaur & Another

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…..Petitioner(s)

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Vs.

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State of Punjab & Others

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…..Respondent(s)

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CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. Mohit Kumar, Advoc a te for the petitioner. Dr. D.S. Lamba, DAG Punjab.

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***** Nidhi Gupta, J.

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Prayer in this petition fil e d under Articles 226/227 of th e Constitution of India is for issuance of a dire c tion to the official respondent s No.1 to 3 fo r the protection of the life and liberty of the petitioners and no t to interfere in the peaceful married life of t he petitioners at the behest o f respondents No.4 to 7.

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Petitioner No.1-Harmee t Kaur is stated to be born o n 02.01.2006 a nd for this purpose, reference has been made to Aadhar Car d (Annexure P 1). Petitioner No.2-Baljinder S ingh is stated to be born o n 05.10.2002 a nd for this purpose, reference has been made to Aadhar Car d (Annexure P 2 ). The petitioners are major a n d have solemnized marriage o n 31.12.2024. A copy of the marriage certificate of the petitioners is annexed to the petiti o n as Annexure P3.

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SUNENA 2025.01.03 15:04 I attest to the accuracy and integrity of this document

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Page 2 of 3

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3. Notice of motion.

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Dr. D.S. Lamba, DAG Pu n jab accepts notice on behalf o f respondents No.1 to 3 and has stated th a t he has no objection in cas e respondent No.2 is directed to look in t o the representation of th e petitioners o n the aspect of threat perception and to take appropriat e action, in ac c ordance with law.

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This Court has heard lear n ed counsel for the parties.

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It goes without saying t hat the protection of life and liberty is a b asic feature of the Constitution of India as emanating out o f Article 21. E v ery person, moreso, a major, h as right to live his/her life wit h a person of his/her choice. Whenever this Court, prima-facie, is satisfie d that on ac c ount of some relatives/pers o ns being unhappy with th e relationship between the petitioners could cause harm to the life and liberty of t h e petitioners, then in such c ircumstances, the Courts ar e required to p ass necessary directions for th e ir protection.

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Keeping in view the abovesaid facts and circumstance s and without commenting upon the legality o f the relationship between th e petitioners o r expressing any opinion on the merits of the case, this Cour t deems it ap p ropriate to dispose of the pre s ent petition with a direction t o respondent no.2 to consider the rep r esentation dated 31.12.202 4 (Annexure P - 5) and to assess the threat perception to the petitioners an d