Major Couple In Live-In Relationship Entitled To Protection Even If Boy Is Below 21 Yrs Of Age: Rajasthan High Court
The Rajasthan High Court has directed the Nodal Officer of a Police Station to promptly decide the representations seeking protection, filed by an 18 year old woman and a 19 year old man, fearing threats from their family members owing to their decision to stay in a live-in relationship.
While underscoring the rulings made of the Supreme Court, the bench of Justice Anoop Kumar Dhand highlighted that both the petitioners were major and could not be left at the mercy of the respondents who were against their decision, especially when staying in a live-in relationship by two major consenting individuals was not considered an offence.
It was the case of the petitioners that they wanted to get married once the man attained the age of 21, and till then wanted to stay in a live-in relationship. However, this was opposed by the family of the woman, and they were threatening to harm their life and personal liberty. The petitioners approached the Nodal Office, but no heed was paid. Hence, the petition was filed.
It was argued by the respondents that since the man had not attained the age of marriage, the petitioners could not be allowed to stay in a live-in relationship.
After hearing the contentions, the Court made a reference to the Supreme Court case of Lata Singh v. State of UP & Anr. in which it was held that live-in relationships between two consensual adults of heterogenic sex did not amount to any offence.
Further reference was made to the case of Nandakumar & Anr. v The State of Kerala & Ors., in which the Supreme Court handled an identical situation, and observed that marriage between two adults wherein the man was below of 21 years, was not void but voidable. However, such couples had the right to live together even outside the wedlock since live-in relationships were recognized by the legislature itself.
In this background, the Court held that life and liberty of individuals had to be protected. At the same time, as per Section 29 of the Rajasthan Police Act, 2007, every police officer was duty bound to protect the life and personal liberty of the citizens.
“This Court finds no valid reason to take a different view and accordingly, looking to the fact that the petitioners have already approached the Nodal Officer, by way of filing a representation, it is expected from the Nodal Officer to decide the representation so submitted by them in accordance with law and ensure that after analyzing the threat perceptions, if necessitated, he may pass necessary orders to provide adequate security and protection to the petitioners.”
Accordingly, the petition was disposed of.
Title: Priya Suman & Anr. v State of Rajasthan & Ors.
Citation: 2025 LiveLaw (Raj) 408