Simranpreet Kaur And Another vs State Of Punjab And Others on 1 May, 2026

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    Punjab-Haryana High Court

    Simranpreet Kaur And Another vs State Of Punjab And Others on 1 May, 2026

                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                      CHANDIGARH
    
                         (113)                                                    CRWP-4775-2026
                                                                       DATE OF DECISION: 01.05.2026
    
                         Simarpreet Kaur and another                                      ........Petitioners
    
                         VERSUS
    
                         State of Punjab and others                                       .........Respondents
    
                         CORAM             HON'BLE MR. JUSTICE SUBHAS MEHLA
    
                         Present Mr.Mittardeep Singh, Advocate,
                                 for Mr. Lupil Gupta, Advocate, for the petitioners.
                                 ***
                         SUBHAS MEHLA, J (ORAL)
    

    1. Prayer in the instant petition filed under Article 226 of the

    Constitution of India, is for issuance of writ in the nature of mandamus

    SPONSORED

    directing respondents No.2 and 3 to protect the lives and liberty of the

    petitioners at the hands of respondent Nos.4 and 5 on account of the fact that

    the petitioners have started residing together in live-in-relationship.

    2. Learned counsel for the petitioners contends that the petitioner

    No.1 is 17 ½ years of age and petitioner No.2 is 18 ½ years of age, and are

    residing together in a live-in relationship, but they apprehend threat to their

    life and liberty from the private respondents. While drawing the attention of

    this Court to representation dated 21.04.2026 (Annexure P-3), learned

    counsel has submitted that the matter was reported to respondent No.2-

    Senior Superintendent of Police, Moga, seeking police protection, however,

    it went in vain. Learned counsel further submitted that the petitioners would

    be satisfied if directions are issued to respondent No.2-Senior

    Superintendent of Police, Moga, to look into the aforesaid representation

    and take appropriate steps at the earliest.

    MAMTA
    2026.05.04 18:53
    I attest to the accuracy and
    integrity of this document
    CRWP-4775-2026 2

    3. Notice of motion.

    4. Mr. Subhash Godara, Addl. A.G. Punjab, who is present in the

    Court, accepts notice on behalf of respondent-State and submits that both the

    petitioners are living in live-in-relationship, however, petitioner No.1 has not

    attained the age of majority. A child cannot have a live-in-relationship as it

    would be not only an immoral act but also illegal. In case, the present

    petition is allowed, it would amount to putting premium on an illegal

    activity and thus, would not be in the interest of the society. Such kind of

    relationship should not be protected with the umbrella of protection granted

    by this Court. There is no dispute to the proposition that Article 21 of the

    Constitution of India is sacrosanct and it is imperative upon the State to take

    adequate measures to protect the life and liberty of each person. However,

    there are statutory safeguards to protect the interest of a minor and once such

    a fact comes to the notice of the Court, it becomes incumbent upon the Court

    in its capacity as parens patriae to examine what is in the best interest of the

    minor. Learned State counsel further placed on record a copy of FIR No.92

    dated 22.04.2026 and apprised the Court that the FIR has been registered

    against petitioner no.2 but till date girl, who is minor has not been traced.

    5. Mr. Pardeep Kumar, Advocate, appears on behalf of

    respondents no.4 and 5 and submits that actual age of the girl/petitioner no.1

    is 16 years six months and seventeen days while as per ;Aadhar Card, her

    age is 17 ½ years.

    6. Heard.

    7. Petitioners are in live-in-relationship, however, one of the

    partner i.e. petitioner No.1 is admittedly below the age of 18 years.
    MAMTA
    2026.05.04 18:53 Petitioners seek protection of life and liberty under Article 21 of the
    I attest to the accuracy and
    integrity of this document
    CRWP-4775-2026 3

    Constitution of India, citing threats from the private respondents due to the

    said live-in-relationship. Upon consideration, it is clear that the

    girl/petitioner No.1 is a minor.

    8. Albeit, a live-in-relationship in the nature of marriage has

    attained sanction of law by the catena of judgments of the Hon’ble Apex

    Court. However, there are certain pre-requisite conditions required for a

    relation to be a lawful live-in-relationship. The Hon’ble Apex Court in the

    cases titled as “D. Velusamy vs. D. Patchaiammal, Criminal Appeal

    Nos.2028-2029 of 2010” and “Indra Sarma Vs. V.K.V. Sarma, 2014 AIR

    Supreme Court 309″ has laid down the conditions for a relationship to be a

    valid relationship in the nature of marriage. On of the condition is that “they

    must be of legal age to marry”.

    9. Moreover, in Independent Thought v. Union of India, (2017)

    10 SCC 800, the Hon’ble Supreme Court unequivocally held that Exception

    2 to Section 375 IPC, which allowed marital intercourse with a wife above

    the age of 15 years, is unconstitutional, and the age of consent in all cases is

    18 years, even within marriage. Further, under the Prohibition of Child

    Marriage Act, 2006, the minimum legal age for a girl to marry is 18 years;

    Protection of Children from Sexual Offences (POCSO) Act, 2012, all

    sexual activity with a person below 18 is statutory rape, regardless of

    consent or marital status; Juvenile Justice (Care and Protection of

    Children) Act, 2015, every child in need of care and protection must be

    safeguarded from abuse, exploitation and neglect. These special laws are

    secular, welfare-centric, and override personal laws. They reflect the

    compelling state interest in protecting children, and legislative intent to
    MAMTA
    2026.05.04 18:53
    I attest to the accuracy and
    integrity of this document
    CRWP-4775-2026 4

    criminalize child marriage and sexual acts with minors, even under the

    guise of marriage.

    10. In the light of aforesaid discussion, this Court is not inclined to

    grant protection to a couple of live-in-relationship, where one of the partner

    is minor as granting the same would defeat the very purpose of the aforesaid

    statutes.

    11. However, qua the minor i.e petitioner no.1, this Court is giving

    the following directions in the light of the directions laid down in case of

    ‘P…….. Minor through Vikram vs. State of Haryana and others‘, CRWP-

    2139-2022 (O & M):

    (i) The petitioners are directed to appear before the SSP concerned
    within a period of 07 days, from today, who shall thereafter produce
    petitioner No.1 before the Child Welfare Committee constituted under the
    provisions of Juvenile Justice (Care and Protection of Children) Act, 2015.

    (ii) Respective committee shall conduct inquiry contemplated under
    Section 36 of Juvenile Justice (Care and Protection of Children) Act, 2015
    and pass an appropriate order by associating all the stakeholders to
    ensure that the objects of the Juvenile Justice Act are well served.

    (iii) The Child Welfare Committee shall take appropriate decisions with
    respect to the boarding and lodging of the minor and also to conduct
    enquiry on all issues relating to and affecting safety and well-being of the
    child/minor.

    (iv) During the pendency of such adjudication and passing of orders as
    contemplated under Section 37 of the Juvenile Justice (Care and
    Protection of Children) Act 2015, the committee shall also take
    appropriate interim/decisions as regards placement of a child/custody of
    the child in need of care and protection.

    (v) The concerned SSPs/SPs shall also take appropriate steps as
    warranted by law against the threat perception to the petitioners and to
    ensure that the petitioners are protected from any physical harm at the
    instance of the respondents in respective cases. However, this will not
    MAMTA create any impediment in taking action against petitioner No.2 as per law,
    2026.05.04 18:53
    I attest to the accuracy and
    integrity of this document if he is found to have committed any offence.

    CRWP-4775-2026 5

    (vi) The petitioners are directed to appear in the office of SSP/SP of the
    respective Districts within a period of 07 days, failing which the
    concerned SSP/SP shall depute a Child Welfare Police Officer to produce
    the minor before the Child Welfare Committee within a period of 01 week
    thereafter.

    (vii) The Child Welfare Committee constituted under the Juvenile
    Justice (Care and Protection of Children) Act
    2015, shall send a
    compliance report to this Court.

    12. Disposed of accordingly.

    13. Registry is directed to send the copy of order along with

    petition and annexures to the concerned SSP/SP for necessary compliance.

    
    
    
                         01.05.2026                                      (SUBHAS MEHLA)
                         mamta                                                JUDGE
                                      Whether speaking/reasoned     Yes/No
                                      Whether reportable            Yes/No
    
    
    
    
    MAMTA
    2026.05.04 18:53
    I attest to the accuracy and
    integrity of this document
    



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