Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty.”: Punjab and Haryana HC

Punjab and Haryana HC has recently held that merely because the boy is not of marriageable age (though major) the right of petitioners to live-together cannot be denied.

Both the petitioners are major and know each other from last 1 year, and wanted to get married. But when the parents of petitioner No.1 (Woman) became aware of their relationship, they stopped her from meeting petitioner 2 and fights took place between the families.

Respondent 4 & 6 are not in the favor of marriage and they are threatening the petitioners with dire consequences.It was further contended that the petitioners have also moved a representation to the Senior Superintendent of Police, District Fatehgarh Sahib, Punjab, however, no action took place.

The court in the matter held that”She is well within her right to decide for herself what is good for her and what is not. She has decided to take a step to be in a live-in-relationship with petitioner No.2 who is also major, though may not be of a marriageable age. Be that as it may, the fact remains that both the petitioners in the present case are major and have a right to live their life on their own terms.”Further court held that “Admittedly, he is a major. 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 court upheld the case stating that the parties have right to be in a live-in relationship “Parents cannot compel a child to live a life on their terms and that every adult individual has a right to live his or her life as he or she deems fit”.

Priyapreet Kaur and Another vs. State of Punjab and Others [CRWP-10828-2020 (O&M).

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