Khushi And Another v. State Of Haryana And Others

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** Date of Decision: 10.06.2025 Khushi and another ..... Petitioners

Versus

State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

Present:

Mr. Rakesh Kumar Chauhan, Advocate for the petitioners.

***** HARSH BUNGER J. (ORAL) Petitioners have filed the instant petition under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of Mandamus for directing the official respondents to protect the life and liberty of the petitioners, who have not solemnized marriage so far but are living in a live-in relationship and are under eminent threats at the hands of private respondents No.4 to 9.

2.

The date of birth of petitioner No.1 is 17.07.2004 and petitioner No.2 is not of marriageable age as his date of birth is 26.08.2004. 3.

At the outset, learned counsel for the petitioners submits that the petitioners would be satisfied at this stage, if a direction is issued to respondent No.2 (Superintendent of Police, Jind, Haryana) to consider/decide their representation dated 05.06.2025 (Annexure P-3) wherein, the apprehension to their lives has been expressed, however, it is

-2stated that no action has been taken.

4.

Notice of motion only to the official respondents i.e. respondents No.1 to 3 is being issued.

5.

Mr. S.K. Panwar, Addl. A.G., Haryana, who is present in the Court, accepts notice on behalf of State/respondents No.1 to 3. 6.

Given the nature of the order being passed, there is no necessity to seek any response by the official respondents or even to serve the private respondents No.4 to 9.

7.

Having heard learned counsel for the petitioners as well as learned State counsel, I am of the considered view that every citizen is entitled to protection/enforcement of fundamental rights as envisaged under Constitution of India. It is the bounden duty of the State to protect the life & liberty of every citizen as enshrined under Article 21 of the Constitution of India. Right to human life is to be treated on much higher pedestal, regardless of a citizen being minor or a major. 8.

Since the petitioners are seeking protection qua their lives and personal liberties, therefore, it would be appropriate to direct respondent No.2 (Superintendent of Police, Jind, Haryana)/competent authority to verify the contents of the petition and/or representation dated 05.06.2025 (Annexure P-3), submitted by the petitioners, particularly the threat perception of the petitioners and take necessary action, if required. 9.

It is clarified that this order shall neither be treated as a stamp of this Court qua the status of the parties on the basis of their alleged live-in relationship nor any reflection on the merits of the contentions raised by them in the present petition.

10.

At this stage, Mr. Birbhan (father of petitioner No.2) and

-3Mrs. Seema (mother of petitioner No.1) are present in Court today. Photocopies of their respective Aadhar Card are taken on record as a proof of identity and are marked as Mark 'A' and Mark 'B' respectively. Mr. Surender, Sarpanch of Village Bhana Brahman, District Jind is also present in person and in proof of his identity, photocopy of his Aadhar Card is also taken on record and is marked as Mark 'C'. 10.1 The father of petitioner No.2 (Birbhan) and mother of petitioner No.1 (Seema) state that since the petitioners are not of marriageable age, they want to meet the petitioners. They further undertake that they shall not harm any of the petitioners in any manner. Mr. Surender, Sarpanch of Village Bhana Brahman, District Jind also undertakes that none of the petitioners would be harmed by either of the parties. 11.

Keeping in view the aforesaid submissions, the said persons as well as the petitioners may appear in the Office of Superintendent of Police, Jind, at 11 A.M. on 12.06.2025, who shall facilitate a meeting between the petitioners and the father of petitioner No.2- Birbhan as well as mother of petitioner No.1- Seema, in his presence.

12.

The writ petition is, accordingly, disposed of. 13.

All the pending application(s), if any, shall also stand closed. 10.06.2025 (HARSH BUNGER) Himani JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No