LAWS(P&H)-2023-1-9

CHANDRKALA DEVI Vs. STATE OF PUNJAB

Decided On January 09, 2023
Chandrkala Devi Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The present petition has been filed under Article 226/227 of the Constitution of India for issuance of writ in the nature of mandamus directing respondent Nos.2 and 3 to protect life and liberty of the petitioners at the hands of respondent Nos.4 to 7, as they are living in-relationship against the wishes of their family members.

(2.) As per averments made in the petition, both the petitioners are major. Petitioner No.1 is 30 years old and petitioner No.2 is 23 years old. Copies of Aadhar card of petitioner No.1 and Voter card of petitioner No.2 are appended with the petition as Annexures P-1 and P-2, respectively. The petitioners are in a 'live-in relationship', on account of which family members of petitioner No.2 are giving threats to them.

(3.) The issue as to whether the marriage is must for providing protection to a couple 'live-in relationship', keeping in view the fundamental rights ensured under Article 21 of the Constitution of India, has been considered by the different Benches of this Court in CRWP-4521-2021 titled as "Pardeep Singh and another vs. State of Haryana and others" decided on 18/5/2021; CRWP-8081-2021 titled as "Goutam Kumar and another vs. State of Punjab and others" decided on 26/8/2021 and also the Division Bench in LPA 769-2021 titled as "Ishrat Bano and another vs. State of Punjab and others" decided on 3/9/2021 and in LPA 1678-2014 titled as "Rajwinder Kaur and another vs. State of Punjab and others" decided on 9/10/2014.