P&H HC Grants Protection to Live-In Couple Where Woman Is Already Married, Says Life and Liberty Cannot Be Denied

The Punjab and Haryana High Court has held that the protection of life and liberty under Article 21 of the Constitution cannot be denied to individuals merely because they are in a live-in relationship, even where one of the partners is already married.

The Court observed that the constitutional guarantee of life and personal liberty applies to every individual and authorities must act whenever a genuine threat to safety is brought before them.

A Single Judge Bench of Justice Rupinderjit Chahal passed the observation while disposing of a criminal writ petition filed by a couple seeking protection from alleged threats by private respondents. The Court directed the Superintendent of Police, Hansi, to examine the representation submitted by the petitioners on 05.03.2026, assess the threat perception faced by them, and take appropriate action in accordance with law if required.

"Keeping in view the above said facts and circumstances and without commenting upon the legality of the relationship between the petitioners or expressing any opinion on the merits of the case, this Court deems it appropriate to dispose of the present petition with a direction to respondent No.2 to consider the representation dated 05.03.2026 (Annexure P-3) and to assess the threat perception to the petitioners and after considering the same, respondent No.2 shall take appropriate action in accordance with law", the Court observed.

The petition was filed under Articles 226 and 227 of the Constitution seeking protection of life and liberty.

According to the petitioners, both of them are adults. However, the woman petitioner is already married and has three children from her earlier marriage.

Despite this, the petitioners stated that they have been living together in a live-in relationship and feared harm from private respondents who opposed their relationship.

Counsel for the petitioners submitted that the couple had already submitted a representation to the police authorities seeking protection. It was argued that the petitioners would be satisfied if the Superintendent of Police was directed to consider their representation and take appropriate action after evaluating the threat perception.

The petitioners also relied on earlier decisions of the High Court where protection had been granted to couples living in live-in relationships.

Reference was made to the judgment in Pardeep Singh and another vs State of Haryana, where the Court had observed that the right to life and liberty includes the freedom of an individual to choose a partner and decide whether to formalize the relationship through marriage or to live together without marriage.

The Court in that case had also noted that live-in relationships are not prohibited by law and therefore individuals in such relationships are entitled to equal protection of the law.

The petitioners further relied on orders passed in Paramjit Kaur and another vs State of Punjab and Amandeep Kaur vs State of Punjab, where protection had been granted even in situations where one of the partners was already married or where the marital status of the parties was in dispute.

During the hearing, the State counsel appearing for Haryana informed the Court that the State had no objection if the police authorities were directed to examine the petitioners’ representation and take action in accordance with law after assessing the threat perception.

Referring to earlier judicial pronouncements emphasising that the Constitution protects the life and liberty of every individual, the Court observed that the right to life includes the freedom to live with a partner of one’s choice, subject to applicable laws and that the authorities must intervene where a genuine apprehension of harm exists due to family opposition or social disapproval.

"It is, however, clarified that this order shall not debar the State and/or any person aggrieved from initiating appropriate proceeding against any or both of the petitioners, if any cause of action arises by the petitioners ‘living in’ together or if they are involved in any case", it was also added.

Accordingly, the High Court disposed of the petition with a direction to the Superintendent of Police to consider the representation submitted by the petitioners, assess the threat perception and take appropriate action in accordance with law.

Case Title: Neha and Another v State of Haryana and Others

Bench: Justice Rupinderjit Chahal

Date of Judgment: 07.03.2026