A couple has approached the Punjab and Haryana High Court seeking protection, claiming their lives were in danger because certain people do not want their marriage. While the defence questioned the validity of the marriage, the court has made it clear that validity of the marriage cannot be a ground for denial of any protection to their life and liberty.
The couple married out of free consent and the woman had converted from Islam to Hinduism. The couple had moved court for the grant of protection of life and liberty.
Justice Jasgurpreet Singh Puri stated: “The scope of the present petition is only regarding the protection of life and liberty of the petitioners and, therefore, the validity of the marriage cannot be a ground for denial of such protection. Consequently, it is directed that the respondent No.3 shall look into the representation and if so, required shall ensure the protection of life and liberty of the petitioners pertaining to their lives. It is made clear that the present directions are being issued only for the purpose of protection of life and liberty of the petitioners and does not reflect anything whatsoever on the validity of the marriage.”
The petitioner relied on a division bench judgment, titled Rajwinder Kaur and another v. State of Punjab and Ors., to contend that even if the marriage between the petitioners inter-se is not valid, the right of protection of life and liberty is guaranteed under Article 21 of the Constitution of India and, therefore, has prayed for the issuance of such directions.
The Petitioner further submitted that the private respondents were opposed to the marriage and, therefore, there is an acute threat at the hands of private respondents and has prayed for protection of life and liberty.