Nayab Singh And Another v. State Of Haryana And Others
CRWP-11433-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-11433-2024 Date of Decision: November 27, 2024 Nayab Singh and another ......Petitioners
Versus
State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ
Present:
Mr.A.S.Gulati, Advocate for the petitioners.
........
RAJESH BHARDWAJ, J.(ORAL) 1.
Present petition has been filed under Articles 226/227 of the Constitution of India for directing respondents No.1 to 3 to protect the life, liberty and security of the petitioners, who are living together since 10.10.2024 in a live-in-relationship and not to interfere in the peaceful life of the petitioners at the behest of respondent No.4 and other relatives and friends. It is further prayed to direct respondents to decide the representation of the petitioners, dated 25.11.2024, Annexure P-3. 2.
Learned counsel for the petitioners states that both the petitioners are major and are living in live-in-relationship together against the wishes of respondent No.4, who is husband of petitioner No.2. It is submitted that petitioner No.2 is living separately from her husband for the last one year and divorce litigation is also pending between them. It is further submitted that out of the wedlock of petitioner No.2 and respondent No.4, there is one child also, who is in custody of petitioner No.2. It is MEENU 2024.11.29 10:30 I attest to the accuracy and integrity of this document
CRWP-11433-2024 -2submitted that so far as petitioner No.1 is concerned, though he is married but he is living separately from his wife for the last four years. It is submitted that petitioners have sought protection to their life and liberty. They apprehend danger from respondent No.4. The petitioners have submitted a representation, dated 25.11.2024 (Annexure P-3) to respondent No.2. He has relied upon judicial precedent of this Court in Yash Pal and another vs State of Haryana and others 2024:PHHC:118245-DB and contends that police protection should be given where girl is already married and has chosen to live with another adult of her own free will. 3.
Notice of motion to respondents no.1 to 3-State only. 4.
On the asking of the Court, Mr.Sumit Jain, Additional Advocate General, Haryana, who is present in Court, accepts notice on behalf of the respondents/State.
5.
Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of the petition with a direction to respondent No.2-Superintendent of Police, District Kurukshetra, Haryana, to decide the representation (Annexure P-3) of the petitioners and grant them protection, if any threat to their life and liberty is perceived. It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them. This order would not be understood having expressed any opinion whatsoever by this Court on the validity of their live-in-relationship. November 27, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.
Whether speaking/reasoned ? Yes/No 2.
Whether reportable ?
Yes/No MEENU 2024.11.29 10:30 I attest to the accuracy and integrity of this document