Tania and Another vs State of Punjab and Ors

ALOK JAIN, J. (Oral)

The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the official respondents No. 2 and 3 to protect the life and liberty of the petitioners, who are in a live-in relationship as they fear threat for their life and liberty at the hands of private respondents No. 4 and 5.

The petition does not disclose any genuine or specific threat perception. Rather, it appears that both the petitioners are involved in a relationship with each other despite being married individuals. Petitioner No. 1 has two children from respondent No. 4, whereas petitioner No. 2 has one child from respondent No. 5. Significantly, the petition does not disclose when, where, or in what manner the petitioners were allegedly threatened. No specific incident or circumstance giving rise to any apprehension to their life or liberty has been pleaded. Rather, the petition appears to have been filed as an attempt to cover up their promiscuous relationship.

In light of the above, although no specific threat perception is made out, however, the petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, Hoshiarpur, to take into consideration the request of the petitioners made vide representation dated 29.08.2026 (Annexure P-3) and take appropriate action, in accordance with law and in terms of the guidelines/SOPs issued vide judgment passed by a Coordinate Bench of this Court in CRWP-12562-2023 dated 14.06.2024.

The present petition is being considered only for the purpose of protection of life and liberty of the petitioners and the filing, pendency or the orders passed by this Court in this petition shall neither be construed as any stamp of the Court qua the live-in relationship of the petitioners nor shall be relied upon by any authority in any proceedings initiated against the petitioners under any other provision of law, hence, there is no necessity to serve the private respondent(s) or to seek a reply from them.

It is made clear to the petitioners that, in case, any averments made in this petition or in the representation dated 29.08.2026 (Annexure P-3) are found to be incorrect, the State authorities are directed to take appropriate action, in accordance with law.

However, since this petition is being disposed of in limine, therefore, copy of the complete paper book be sent through registered post to respondent No. 4 (husband of petitioner No. 1) and respondent No. 5 (wife of petitioner No. 2).

Although, the State is duty bound to protect its citizens, however, in case, there is any criminal record of the petitioners, the present order shall not be an alibi or an impediment against the authorities to proceed in accordance with law and the above order is subject to cross verification of the antecedents of the petitioners. Furthermore, it will be the responsibility of the concerned SHO to verify the original documents demonstrating the correct age and residential address of the petitioners before considering their representation after getting the same counter-checked by the private respondents.

At this stage, learned counsel for the petitioners has submitted that proceedings between petitioner No. 1 and respondent No. 4 are pending before the learned Family Court, Gurdaspur.

Accordingly, let a copy of this order be sent to the Court of the learned Principal Judge, Family Court, Gurdaspur, for proceeding further in the matter, in accordance with law.