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[Live-In Relationship] 'Right To Exercise Assertion Of Choice Is Inseparable Part Of Liberty & Dignity': Jammu & Kashmir HC

Nupur Thapliyal
28 July 2021 12:14 PM GMT
[Live-In Relationship] Right To Exercise Assertion Of Choice Is Inseparable Part Of Liberty & Dignity: Jammu & Kashmir HC
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While dealing with the protection plea filed by a couple in live-in relationship, the Jammu and Kashmir High Court has observed that the right to exercise assertion of choice is an inseparable part of liberty and one's dignity.Justice Sindhu Sharma observed thus:"It is settled proposition that right to exercise assertion of choice is an inseparable part of the liberty and dignity and the...

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While dealing with the protection plea filed by a couple in live-in relationship, the Jammu and Kashmir High Court has observed that the right to exercise assertion of choice is an inseparable part of liberty and one's dignity.

Justice Sindhu Sharma observed thus:

"It is settled proposition that right to exercise assertion of choice is an inseparable part of the liberty and dignity and the same should not except in accordance with the procedure established by law."

The Court was dealing with a protection plea filed by a couple wherein a girl aged 19 years and the boy aged 18 years, living in a live in relationship, were facing threat from the family members and relatives of the girl who did not accept the relationship.

The Court relied on the judgment delivered by the Supreme Court in the case of Gurwinder Singh & Anr. v. State of Punjab & Ors. wherein Punjab Police was directed to grant protection to a live-in couple. The Top Court had allowed the appeal from order of the Punjab and Haryana High Court which observed that in live-in-relationship, which is morally and socially not acceptable, no protection order can be passed.

"Needless to state that since it concerns life and liberty, the Superintendent of Police is required to act expeditiously in accordance with law, including the grant of any protection to the petitioners in view of the apprehensions/ threats, uninfluenced by the observations of the High Court," the Supreme Court had said.

The High Court therefore issued notice on the protection plea and adjourned the matter for further hearing on September 29.

"Meanwhile, subject to objections and till next date before the Bench, the respondent Nos. 2 and 3 are required to act expeditiously in accordance with law, including grant of any protection to the petitioners in view of the apprehension/ threats, if approached," the Court said.

Case Title: Ridhima & Anr. v. UT of J&K

Click Here To Read Order

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