Court No. - 5
Case :- WRIT - C No. - 20446 of 2019 Petitioner :- Jyoti Shukla And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Dheer Singh Jadaun Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Pankaj Bhatia,J.
The petitioner no. 1 is a married woman. She is living with petitioner no. 2 in a live in relationship. She apprehends danger to her life. Hence, the petitioners have moved this writ petition under Article 226 of the Constitution of India for issuance of a direction upon the police authorities to protect their life.
Learned counsel for the petitioners has placed reliance on a judgment of the Supreme Court in the case of Shafin Jahan v. Asokan K.M. & ors., 2018 SCC Online SC 343.
We have heard learned counsel for the petitioners and learned Standing Counsel.
In Shafin Jahan (supra) the Supreme Court has held as under:
"75. ...The choice of a partner whether within or outside marriage lies within the exclusive domain of each individual. Intimacies of marriage lie within a core zone of privacy, which is inviolable. The absolute right of an individual to choose a life partner is not in the least affected by matters of faith. The Constitution guarantees to each individual the right freely to practise, profess and propagate religion. Choices of faith and belief as indeed choices in matters of marriage lie within an area where individual autonomy is supreme. The law prescribes conditions for a valid marriage. It provides remedies when relationships run aground. Neither the State nor the law can dictate a choice of partners or limit the free ability of every person to decide on these matters. They form the essence of personal liberty under the Constitution. "
The said judgment has been followed by the Supreme Court in Nandakumar & anr. v. The State of Kerala & ors., Criminal Appeal No. 597 of 2018, dated 20th April, 2018, wherein the Court has quoted with approval the judgment of Shafin Jahan (supra).
In view of the above law, we grant liberty to the petitioners to move appropriate application before the Senior Superintendent of Police, Kanppur Dehat, along with a certified copy of this order. In the event any such application is made, we direct the Senior Superintendent of Police, Kanppur Dehat to take appropriate steps in accordance with law to protect the life of the petitioners.
Accordingly, the writ petition stands disposed of.
Order Date :- 21.6.2019/vkg