In a petition filed by a couple who have alleged
In a petition filed by a couple who have alleged that they were being harassed and threatened by the woman’s family on account of their relationship. The couple intended to marry each other, although the man has not attained the marriageable age so they chose to be in a live-in relationship.
Priyapreet Kaur and Anr. v. State of Punjab and Ors.
The Punjab & Haryana High Court held that life and liberty of a live-in couple have to be protected even if one of the partners has not attained the marriageable age.
A Single-Judge Bench of Justice Alka Sarin was in view that the society cannot determine how an individual should live his or her life, especially when individuals were major.
Justice Sarin ruled that: “Merely because of the fact that petitioner No.2 is not of a marriageable age the petitioners cannot possibly be denied enforcement of their fundamental rights as envisaged under Article 21 of the Constitution of India.”
The High Court relied on Supreme Court judgment on Shafin Jahan v. Asokan KM, popularly known as the Hadiya case, wherein that every individual has been guaranteed the right to life under the Constitution, with the choice of a partner being an important facet of the same.
Therefore High Court concluded that there was no legal justification for the family and relatives to object to their relationship.
The Court made it clear that: “The petitioners are both major and have every right to live their lives as they desire within the four corners of the law. The society cannot determine how an individual should live her or his life.” Also
“Parents cannot compel a child to live a life on their terms. Every adult individual has a right to live his or her life as he or she deems fit.”
Read Full Judgement Here:
