Madhya Pradesh: The Madhya Pradesh High Court at Gwalior has delivered a significant judgment protecting a couple’s right to live together outside wedlock, while also expressing concerns over their age.
Madhya Pradesh HC Upholds Live-In Relationship Rights for Major Couples
Justice Vivek Jain addressed the State’s objections to granting protection to a couple where one partner was below the legal marriage age but above 18 years.
The case arose from a petition filed by Anjali Kushwah and another individual, seeking protection under Article 226 of the Constitution. The female petitioner, whose biological mother had passed away, chose to live with the second petitioner due to an unconducive home environment.
Court Cites SC Precedents While Addressing Concerns Over Young Age
The court observed: “Both the petitioners are majors, being above 18 years of age, and their choice needs to be protected from external forces.”
Expressing its concerns, the court noted: “This Court expresses its concern over the choice of the petitioners to enter into a live-in relationship, as at such a tender age they may not be emotionally fully mature and economically fully independent.”
The Division Bench referred to Supreme Court precedents, including Nandakumar v. State of Kerala (2018) and Lata Singh v. State of U.P. (2006), to uphold the couple’s right to protection despite one partner being below 21 years of age.
The court directed the respondents to address the petitioners’ grievances regarding their life and liberty while retaining authority to verify their ages.
For the petitioners: Shri Hemant Singh Rana, Advocate
For the respondent/State: Shri Man Singh Jadon, Government Advocate
Case title: Anjali Kushwah and Others vs. The State of Madhya Pradesh and Others
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