Right to Choose Partner Upheld Even Below Marriage Age: Punjab & Haryana High Court
The Punjab and Haryana High Court has directed the Haryana Police to provide protection to a live-in couple, ruling that every adult—even those below the legal marriageable age—has the constitutional right to live with a person of their choice. The court emphasised that the protection of life and liberty is a basic feature of the Constitution and applies regardless of the legality of the relationship.
Justice Vikas Bahl issued the order on June 25 while hearing a petition from a couple, both major but below the legal marriageable age, who sought protection for their life and liberty. The petitioners, born in October 2006 and January 2007, stated they were living together in a live-in relationship of their own free will and had filed a representation with the Superintendent of Police, Kurukshetra, fearing harm from relatives unhappy with their relationship.
In his judgment, Justice Bahl noted: “It goes without saying that the protection of life and liberty is a basic feature of the Constitution of India. Every person, more so a major, has the right to live his/her life with a person of his/her choice.” He added that even if the petitioners are in a live-in relationship, they are entitled to protection of their life and liberty.
The court relied on previous judgments by coordinate benches, including Jashanpreet Kaur v. State of Punjab (where a 15-year-old girl and 19-year-old boy were granted protection) and Pardeep Singh v. State of Haryana, which held that the right to life under Article 21 includes the right to choose a partner and live according to one’s own wishes. The court reiterated that whenever it is prima facie satisfied that relatives or others may cause harm due to disapproval of the relationship, it must pass necessary directions for protection.
Without commenting on the legality of the relationship, the High Court disposed of the petition, directing the Superintendent of Police to consider the petitioners’ representation, assess the threat perception, and take appropriate action as per law.
The ruling follows a similar order by Justice Rupinderjit Chahal earlier this month, where the court granted protection to a live-in couple who were both married to other individuals and had children from those marriages. That order also affirmed that every major has the right to live with a person of his or her choice.
