In a writ petition filed before the Madhya Pradesh High Court by two adults living together without their parents’ consent to seek protection against any violence by the girl’s (petitioner 1) parents, a Single Judge Bench of Justice Rajesh Kumar Gupta allowed the petition and directed the respondents to provide the required protection to the petitioners.
The petitioners relied upon the decision in Nandakumar v. State of Kerala (2018) 16 SCC 602, wherein the Supreme Court held that even if two major persons are not competent to enter into wedlock, they have a right to live together. Whereas, the State contended that the girl was only 20 years old and that she had not completed even 21 years, i.e., the marriageable age.
The Court stated that even though the girl had not completed 21 years of age, being a major, she was entitled to reside as per her own will and it was said that her choice had to be protected from external forces. Thus, the Court allowed the petition and directed the respondents to provide the required protection to the partners. The counsel for the petitioners was also directed to apprise the petitioners about the concerns expressed by the Court.
The order was directed to be communicated to DCP, Zone-1, Indore (respondent 2) for prompt compliance. The SHO concerned was also directed to share his/her mobile number with the petitioners so that they can reach out at any time in case of any emergency. Thus, the petition was disposed of.
