MUSKAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, aged about 22 and 25 years respectively, have filed the present petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondents No.1 to 3 to protect their life and liberty and not to interfere in their peaceful life at the behest of respondent No.4 and to decide representation dtd. 30/7/2021 made by the petitioners to respondent No.2.

(2.) Briefly stated, the petition has been filed on the averments that the marriage of petitioner No.1 was solemnized with respondent No.4 in the year 2015. No issue was born out of the wedlock. After marriage respondent No.4, who is drug addict, started harassing and torturing petitioner No.1 and forced her to make relation with his friends just to fulfill his needs of drugs. On finding opportunity, petitioner No.1 ran away from her matrimonial home and started living with his brother. After some time her brother also came in the charming talk of her husband (respondent No.4) and forcibly sent her to her matrimonial home. Respondent No.4 did not mend his ways and continued to harass and torture petitioner No.1. On 15/1/2021 petitioner No.1 again ran away from her matrimonial home and came in contact of petitioner No.2, who gave shelter to her. Petitioners are living in live-in-relationship with their own free will and consent without any threat pressure or undue influence. When petitioner No.1 took shelter with petitioner No.2, respondent No.4 got annoyed and filed false and frivolous complaint against petitioner No.2. On 14/7/2021 respondent No.4 with some unidentified persons came to their house, raised hooliganism, broke household articles and tried to eliminate the petitioners who saved their lives by running away from the spot and concealing themselves in the house of their neighbour. The petitioners made representation dtd. 30/7/2021 to respondent No.2 for protection of their life and liberty but no action has been taken on the basis thereof.

(3.) Learned Counsel for the petitioners has submitted that petitioner No.1 left matrimonial home due to harassment and torture by her husband-respondent No.4 who is a drug addict and used to compel her to make relations with his friends to fulfil his needs for drugs. Petitioner No.1 took shelter with petitioner No.2 and now the petitioners, who are both major, are living in live-in-relationship with their own free will and consent. Respondent No.4 made false and frivolous complaint against petitioner No.2 with the allegation that petitioner No.2 has illegally kidnapped petitioner No.1. Respondents No.1 to 3 are bound to protect the life and liberty of the petitioners but no action has been taken for protection of life and liberty of the petitioners on the basis of representation made by them to respondent No.2. Therefore, respondents No.2 and 3 may be directed to take appropriate action for protection of their life and liberty. In support of his arguments learned Counsel for the petitioners has placed reliance on the judgment of the Coordinate Bench of this Court in CRWP No.4537 of 2021 titled as 'Sonia and another Vs. State of Haryana and other' decided on 18/5/2021.