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High Court of Punjab and Haryana · body

2026 DAILYLAW 24471 (PNJ)

RAKHI AND ANOTHER v. STATE OF HARYANA AND OTHERS

CRWP/7218/2026 · 2026-06-19

Deepak Gupta

body2026

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 124 CRWP-7218-2026 Date of Decision:19.06.2026 Rakhi and Another …..Pe..oners Vs. State of Haryana and Others .….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Rohit Kumar, Advocate for the peoners. **** DEEPAK GUPTA, J. (ORAL) The peoners have invoked the extraordinary writ jurisdicon of this Court under Arcles 226/227 of the Constuon of India seeking protecon of their life and personal liberty at the hands of private respondents. 2. Learned counsel for the peoners submits that both the peoners are major and have solemnized marriage against the wishes of their family members. It is contended that the private respondents are opposed to the marriage and have been extending threats to the peoners, thereby giving rise to a genuine apprehension regarding their safety and security. It is further submi.ed that the peoners are residing together of their own free will and are entled to protecon of their life and liberty guaranteed under Arcle 21 of the Constuon of India. 3. Peon is accompanied by Aadhar Cards (Annexures P-1 and P-2 respecvely) of both the peoners, besides copy of marriage cerficate (Annexure P-3) along with photographs of marriage (Annexure P-4). They have also placed on record the copy of representaon dated 16.06.2026 (Annexure P-5), which was moved to respondent No.2. 4. Noce of moon. 5. On the asking of the Court, learned State counsel accepts noce on behalf of respondents No.1 to 3. 6. Without expressing any opinion on the validity of the marriage, the correctness of the asserons made in the peon or any NEETIKA TUTEJA 2026.06.19 18:21 I attest to the accuracy and integrity of this document CRWP-7218-2026 -2- other disputed queson of fact, this Court is of the considered view that every cizen is entled to protecon of his/her life and personal liberty in accordance with law. Once two major individuals choose to marry or reside together out of their own free will, such choice falls within the protecve umbrella of Arcle 21 of the Constuon of India and cannot be interfered with except in accordance with law. 7. The Hon'ble Supreme Court in various decisions, including Lata Singh v. State of U.P., (2006) 5 SCC 475, Shafin Jahan v. Asokan K.M., (2018) 16 SCC 368 and Shak& Vahini v. Union of India, (2018) 7 SCC 192, has repeatedly emphasized that adult individuals have a fundamental right to choose their life partner and that the State is under a corresponding obligaon to ensure that their life and liberty are adequately protected. 8. In the circumstances, the present peon is disposed of with a direcon to respondent No.2-Deputy Commissioner of Police, Panchkula concerned to look into the representaon submi.ed by the peoners and assess the threat percepon, if any. In case any genuine threat to the life and personal liberty of the peoners is found to exist, appropriate steps shall be taken forthwith in accordance with law to ensure their safety and security. 9. It is, however, clarified that this order shall not be construed as an expression of opinion regarding the validity of the marriage, age, status or any civil rights of the pares. It is further clarified that this order shall not prevent any competent authority from proceeding in accordance with law if the peoners or any other person are found involved in any criminal case or other legal proceedings. Disposed of accordingly. (DEEPAK GUPTA) JUDGE June 19, 2026 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2026.06.19 18:21 I attest to the accuracy and integrity of this document