Madhya Pradesh High Court Paves Way For Major Couple To Reside Together But Expresses Concern Over Live-In Relationship At 'Tender Age'

The Madhya Pradesh High Court recently allowed a major couple to reside together without wedlock considering the fact that both the petitioners were above 18 years of age and thus, their choice needs to be protected.The court however, expressed concern over the choice of the petitioners to enter into live in relationship at such a tender age. Placing reliance on Lata Singh v. State of U.P. (2006) 5 SCC 475 and Navtej Singh Johar v. Union of India (2018) 7 SCC 192, the single-judge bench of Justice Vivek Jain observed, “…this Court is inclined to allow the present petition despite the fact that petitioner No. 1 is less than 21 years of age because both the petitioners are shown to be major being above 18 years of age and their choice needs to be protected from the external forces. However, this Court expresses its concern over the choice of the petitioners to enter into live in relationship as at such a tender age they may not be emotionally fully mature and economically fully independent. The petitioners are expected to exercise maturity while getting such protection from this Court.”In the present case, both the petitioners are above 18 years of age. It is submitted that even though the petitioner No. 2/boy was less than 21 years of age and not competent to marry still both the petitioners are major and they are living together with each other. It is further submitted that the biological mother of petitioner No. 1/girl has expired and thereafter, petitioner no. 1 started living with the petitioner No. 2 out of her own volition as the atmosphere in the house was not conducive for her to reside.The counsel for petitioners placed reliance on Nandakumar v. State of Kerala 2018 (16) SCC 602 wherein it was held that when both the persons are major and even if are not competent to enter into wedlock, they still have right to live together outside wedlock. Thus, it was prayed that the present petitioners who have not entered into wedlock should be protected from any violation by any person including their parents.On the contrary, the Counsel for the State submitted that petitioner no. 2/boy is not competent to marry and such protection would not be in the larger interest of society.After considering the arguments of both parties, the court concluded that both the petitioners are above 18 years of age, therefore, they have the freedom of choice which needs to be protected from external forces. The court thereby directed respondents Nos. 2 to 4 (Police authorities) to look into the grievance raised by the petitioners and to examine the grievance of the petitioner regarding their life and liberty.The petition was hence, allowed.Case Title: Anjali Kushwah And Others Versus The State Of Madhya Pradesh And Others, Writ Petition No. 41033 of 2024Click Here To Read/Download OrderCitation: 2025 LiveLaw (MP) 1

Madhya Pradesh High Court Paves Way For Major Couple To Reside Together But Expresses Concern Over Live-In Relationship At 'Tender Age'

Anukriti Mishra

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