High Court of Punjab and HaryanaCRWP/313/2022disposed of

Makbool Khan And Another v. State Of Haryana And Others

2022-01-13Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRWP-313-2022 (O&M) Date of Decision:-13.1.2022 Makbool Khan and another ... Petitioners

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Munfaid Khan, Advocate for the petitioners. ***** GURVINDER SINGH GILL, J.(Oral) Makbool Khan aged 39 years and Pinky Jangid aged 23 years have approached this Court seeking protection of their lives as they apprehend threat to the same, being in a 'live-in' relationship against the wishes of their parents and relatives.

It is stated in the petition that both the petitioners are previously married.

I have heard the learned counsel for the petitioners. Although the fact that both the petitioners are already married, but have chosen to leave the company of respective spouses and have started living in a live-in relationship can hardly be said to be in societal interest and is definitely against the institution of marriage, but at the same time this MOHAN SINGH 2022.01.13 18:25 I attest to the accuracy and integrity of this document

( 2 ) CRWP-313-2022 (O&M) Court cannot lose sight of the fact that the right to live securely and safely is guaranteed in terms of Article 21 of Constitution of India. As such, in case the petitioners apprehend any threat to their lives at the hands of the private respondents, the State is expected to ensure that no harm is caused to the petitioners. In these circumstances, the petition is disposed of with a direction to Superintendent of Police, Nuh, District Nuh (respondent No.2) to get the matter examined as far as the alleged threat perception of the petitioners is concerned. In case, it is found that there is any genuine threat to the life and liberty of the petitioners, it shall be ensured that no harm is caused to the petitioners.

A copy of this order alongwith copy of the representation dated 7.1.2022 be sent to Superintendent of Police, Nuh, District Nuh (respondent No.2), so as to enable him to do the needful expeditiously. It is, however, clarified that the aforesaid order shall not be construed to be any expression as regards the propriety of relationship of the petitioners and shall not confer any immunity upon them, in case it is found that they have committed any wrong.

13.1.2022 ( GURVINDER SINGH GILL ) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.01.13 18:25 I attest to the accuracy and integrity of this document