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Judgment
PRAVINDRA SINGH CHAUHAN, J. (Oral)
Prayer in the instant writ petition, filed under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature of mandamus for directing respondents No.2 and 3 to protect the life and liberty of the petitioners, and to restrain private respondents No.4 and 5 not to harass or interfere in the peaceful life of the petitioners.
Learned counsel appearing for the petitioners submitted that both the petitioners are major. However, petitioner No.1 is already married to one Gurdev Singh on 03.12.2017. Out of this wedlock, one male child was born. However, petitioners are living in a live-in relationship without the wishes of their family members. The petitioners have also submitted a representation dated 04.11.2026 (Annexure P-3), to respondent No.2, wherein, they have expressed their apprehension for life and liberty.
On being raised a specific query to the counsel for the petitioner, as to whether, he as a counsel has made it understand to the petitioner No.1 that by filing of the present writ petition, she has chosen to lead an adulterous life, thereby foregoing all her claims from her matrimonial home against her husband Gurdev Singh, to which, learned counsel appearing for the petitioners has submitted that all these things have been made clear to petitioner No.1. Although, this Court does not recognize such type of relationship, however, the life and liberty of the petitioners is a Fundamental Right under the Constitution of India, which gives every citizen of India, the right to live freely in the Indian Territory.
On advance copy being supplied to the respondent-State, Mr. Raghav Goel, AAG, Punjab, appears on behalf of the respondent-State. He also fairly acknowledged that the aforesaid representation would be decided expeditiously, in accordance with law.
In view of the above, the present petition is disposed of with a direction to respondents No.2 and 3 to decide the representation dated 04.11.2026 (Annexure P-3) within a period of two weeks, qua threat perception, and if there is any substance in it, necessary steps be taken in accordance with law, to ensure that the lives and liberty of the petitioners are not jeopardized at the hands of the private respondents No.4 and 5.
However, it is clarified that this direction will not validate the live-in relationship between the petitioners and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law.
