RAVNEET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The case has been taken up for hearing through video conferencing. 1. The petitioners have filed the present petition under Article 226/227 of the Constitution of India for issuance of directions to respondents No.2 and 3 to protect their life and liberty from danger at the hands of respondents No. 4 to 10.

(2.) Briefly stated, the petition has been filed on the averments that the petitioner No.l is aged about 15.5 years and her date of birth is 2/9/2005. Petitioner No.2, being aged about 19 years, is major. The petitioners were known to each other for the last one year and have developed liking for each other and wanted to perform marriage but could not do so due to petitioner No.l not being of marriageable age as per Hindu Law. The petitioners started residing together in live-in-relationship. Respondents No. 4 to 10, who are parents and paternal uncles of petitioner No.l, have threatened them with dire consequences if they stay together and are bent upon to involve petitioner No.2 in some false case. Respondents No. 4 to 10 have also threatened to eliminate the petitioners if they married or stayed together against their wishes. The petitioners made representation dtd. 23/6/2021 to respondent No.2 but no action has been taken on the same.

(3.) Vide order date 30/6/2021, while issuing notice of motion, this Court observed that the case involves questions as to whether a minor girl who has not attained marriageable age of 18 years is entitled to reside with a person of her choice in live-in-relationship in the nature of marriage, whether such a minor girl can give consent to her removal from lawful guardianship and also to live-in-relationship in the nature of marriage with consummation thereof by such person, whether such person, not being husband, can purport to act as guardian of the minor girl and claim her custody without seeking order from Guardian Judge/Family Court under the Guardian and Wards Act 1890 or the Hindu Minority and Guardianship and Minority Act, 1956 as the case may be and whether the fundamental right to protection of life and liberty extends to protection of the minor girl for residing with such person in live-in-relationship in nature of marriage and that these questions require thread bare adjudication not only with reference to judgments referred by learned Counsel for the petitioner and learned State Counsel but also with reference to all relevant judicial precedents in this regard. Since similar cases are also coming from the State of Haryana and U.T. Chandigarh, State of Haryana and U.T. Chandigarh were impleaded as respondents No. 11 and 12 to the petition and States of Punjab, Haryana and U.T. Chandigarh were directed to file reply/response and directions were also issued that in case of apprehension of physical harm, petitioner No.l may go to Protection Home, Amritsar, if so desired, and in such an eventuality respondent No.2-Commissioner of Police, Amritsar shall provide requisite protection to petitioner No.l during her stay in the Protection Home, Amritsar. All the expenses for stay of petitioner No.l in Protection Home, Amritsar shall be borne by the State of Punjab.