Court Grants Police Protection to Couple Facing Familial Opposition, Emphasizes Caution in Choosing Live-In Relationships
In a significant ruling, the Madhya Pradesh High Court, Indore Bench, has reaffirmed the legal recognition of live-in relationships for consenting adults, even outside the bounds of marriage. The court granted police protection to a young couple who sought to live together against their parents' wishes, underscoring the constitutional right to freedom of choice for individuals who are of legal age.
Presided over by Justice Gajendra Singh, the court heard the petition filed by Ruchika and her partner, both aged 20, who feared retaliatory actions from their families due to their decision to cohabit. The petitioners cited a precedent from the Supreme Court case, "Nandakumar v. State of Kerala," where the apex court recognized the right of adults to live together outside wedlock.
The state's counsel opposed the petition, arguing that the male petitioner had not yet reached the marriageable age of 21, and granting protection could encourage behavior deemed socially unacceptable. However, the court, after examining the legal provisions and past judgments, ruled in favor of the petitioners. It highlighted that the Protection of Women from Domestic Violence Act, 2005, acknowledges live-in relationships, thereby extending legal protection to such arrangements.
Justice Singh expressed concerns over the societal and personal challenges faced by young individuals choosing live-in relationships. He advised caution, noting the potential difficulties in achieving financial independence, societal acceptance, and the implications for future opportunities, particularly for women. Despite these concerns, the court emphasized the importance of protecting individual rights from external threats.
The court directed the Superintendent of Police, District Neemuch, to ensure the petitioners' safety and ordered the local police station to provide emergency contact numbers to the couple. The ruling underscores the judiciary's role in balancing individual freedoms with societal norms, reinforcing the legal framework supporting personal choices for adults.
Bottom Line:
Right to live-in relationship is recognized under Indian law even outside wedlock, provided both individuals are majors. Protection may be granted to individuals seeking to reside together against external threats.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005, Constitution of India
Ruchika v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2833170
