Granting Protection To 19-Year-Olds, MP High Court Advises Youngsters To Be Cautious About Getting Into Live-In Relationships So Early

In a recent ruling, the Madhya Pradesh High Court, while granting protection to a young live-in couple - both the boy and the girl aged 19 years- sounded a word of caution about youngsters getting into relationships and leaving their families at an early stage of life.

Since the petitioners had attained the age of majority and affirmed that they were acting out of free choice, the Court (Indore Bench) granted them protection. At the same time, the bench of  Justice Subodh Abhyankar observed, “Having held so, this Court must record its concern on the choices, the youngsters are making these days. Although there is much to ponder over this subject but it must be remembered that even though certain rights have been conferred by the Constitution, it is not necessary to enjoy, and enforce them as well.”

“India is not a country where the State provides any allowance to the unemployed and the uneducated ones, thus, if you are not dependent on your parents, you have to earn your own and your partner's livelihood and this would naturally obviate possibility of going to a school or a college, and if you get into this struggle of life at an early age by choice, not only your chances of enjoying the other opportunities of life are drastically affected but your acceptance in the society is also reduced, and it is far more difficult for a girl who can also become pregnant at an early age, leading to further complications in her life. Thus, discretion is advised while opting for such choices and enforcing such rights, as it is one thing to have the rights and another to enforce them,” Justice Abhyankar added.

The petition filed by the petitioners, both of whom are aged 19 years sought that the respondents no.2 and 3 i.e., the Sanawad Dist. Khargone (Madhya Pradesh) and the Station House Officer P.S. Sanawad Dist. Khargone (Madhya Pradesh) be directed to give proper protection and help against the respondent no.4 to 6 and their associates.

Both the petitioners also sought that they be given full protection and security and a false case should not be registered against the petitioner no.2.

The grievance of the petitioners were that they are residing together against the wishes of their parents, but were apprehending that some untoward action may be taken by the parents of petitioner no.1, thus, protection in this regard was sought.

The Government advocate opposed the petition and submitted that petitioner boy is only 19 years old, and has not even completed 21 years which is marriageable age. He also submitted that if such protection is granted, it would not be in the larger interest of the society, and would promote promiscuousness in the society.

The Court placed reliance on the Supreme Court's Judgement in Nandakumar v. State of Kerala reported as (2018) 16 SCC 602 whereby in a habeas corpus petition, the Apex Court had taken note of the relationship between the persons involved, and had opined that since both the persons were major, and even if they are not competent to enter into wedlock, they have a right to live together and even outside the wedlock.

In the given judgment, the Apex Court had pointed that it was sufficient to note that both the appellants were major, and even if they were not competent to enter into wedlock, they had the right to live together even outside wedlock.

In view of the aforesaid, the Madhya Pradesh Court allowed the petition as despite the fact that, “both the petitioners are 19 years old only, and the petitioner no.2 has not even completed 21 years, since he is a major, he is entitled to reside as per his own will, and if he so decides, his choice needs to be protected from external forces.”

Citation: 2024 LiveLaw (MP) 66

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