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Judgment
Hon'ble Alok Mahra, J. (Oral)
The petitioners have approached this Court seeking protection so that they may lead a peaceful life.
Heard learned counsel for the petitioners and perused the record.
Learned counsel appearing for the petitioners would submit that the petitioners are in a relationship with each other and have decided to marry each other. He would further submit that petitioner no.1 and petitioner no.2 belong to different religions and, on account of their relationship, respondent nos.3 to 6, who are the father, brothers and uncle of the petitioners, are opposed to their relationship. It is further submitted that, due to such opposition, the petitioners apprehend threat to their life and personal liberty at the hands of the private respondents and have, therefore, approached this Court seeking protection of their life and personal liberty.
Both the petitioners are present before this Court and have been duly identified by their learned counsel. They state before the Court that they are voluntarily residing together in a live-in relationship out of their own free will and without any coercion or undue influence. The petitioners further undertake to take appropriate steps for registration of their live-in relationship in accordance with the provisions of the Uniform Civil Code, Uttarakhand, 2024 and the Rules framed thereunder.
Be that as it may, it is not in dispute that the petitioners are major and are presently residing together voluntarily. The right to choose a partner and to live together by mutual consent forms part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. In this regard, the Hon'ble Supreme Court in Lata Singh v. State of U.P. and Another, (2006) 5 SCC 475, has recognized the right of a person to choose a partner of his/her choice and has held that persons who have attained majority are entitled to live their lives according to their own choice.
In view of the aforesaid facts and circumstances, and without expressing any opinion on the merits of the relationship between the petitioners or their proposed marriage, this Court is of the considered opinion that the petitioners are entitled to protection of their life and personal liberty in accordance with law. Accordingly, in the event the petitioners approach the concerned Senior Superintendent of Police/Superintendent of Police with a representation regarding any threat to their life or personal liberty, the concerned police authority shall consider the same and, upon being satisfied regarding the existence of any threat, shall take appropriate preventive and protective measures strictly in accordance with law, so as to ensure that no harm is caused to the life and personal liberty of the petitioners. It is, however, made clear that this order shall not be construed as conferring any immunity upon the petitioners from any lawful action in respect of any offence, if otherwise warranted in accordance with law.
Accordingly, without expressing any opinion on the validity of the marriage or the inter se rights of the parties, the Station House Officer, Police Station Buggawala, District Haridwar, is directed to examine the representation of the petitioners and assess the threat perception, if any, to their life and personal liberty. In the event any real and imminent threat is found to exist, the concerned police authorities shall take appropriate measures to ensure adequate protection to the petitioners strictly in accordance with law. The Station House Officer shall also ensure that no person, including the private respondents or any other individual, takes the law into his or her own hands or causes any unlawful interference, intimidation, harassment or coercion to the petitioners on account of their marriage.
With the aforesaid observations and directions, the writ petition stands disposed of.
Pending applications, if any, shall also stand disposed of.