Punjab and Haryana High Court highlights right to live with person of choice, asks police to consider runaway couple’s plea

They prayed for directions to the police to consider their representation given to the Senior Superintendent of Police and to take appropriate actions after considering the threat perception.

While relying on the judgment of a coordinate bench, the court held that the couple is entitled to the protection of life and liberty even if they are in a “live in relationship”

The court also referred to a judgment of the division bench and noted “the division bench after considering the aspect of the protection of the life and liberty being of paramount consideration and without getting into the issue as to whether the relationship between the parties was legal or not, even in spite of the fact that there was a criminal case registered against the parties, however, granted them protection.”

The court noted that whenever it is prima-facie satisfied that relatives or persons unhappy with the relationship could cause harm to the couple, the courts must pass directions for their protection.

The court therefore directed the police to consider their representation, assess the threat perception and take appropriate action in accordance with law.

‘High court best forum’

The Indian Express had spoken to advocate Utkarsh Singh, who specialises in such cases, to understand whether in such cases the couple can move the trial court or it has to go to the constitutional court only.

Singh said here the question is- whether the live-in couple is intending to marry.

“If they say that they are living together and they are seeking an order of protection against society, and they have an intent to marry, then the high court is the best possible forum to go and seek protection,” Singh said.