Society Can't Decide How Individuals Live Their Lives Even When Relation May Be Termed As Unsocial: Rajasthan HC Grants Protection To Live-In Couple

Dealing with a protection plea filed on behalf of a couple living in live-in relationship, the Rajasthan High Court has last week observed that a woman being major is entitled to reside with the person of her choice while reiterating that the society cannot determine how individuals live their lives, even when such a relationship may be termed as unsocial.

Justice Mahendar Kumar Goyal observed:

"Undisputedly, the petitioners are major and the petitionerNo.1, the girl is residing with the petitioner No.2 out of her freewill. Being major, she is entitled to reside with the person of her choice."

It was the case of the petitioners that being majors and being in a live in relationship in pursuance of an agreement dated 17th June 2021, the respondents were threatening them due to the reason of not being happy with their relationship. In view of this, the couple had sought police protection.

It was submitted on behalf one of the respondents that since an FIR was registered against the man, police protection cannot be extended to the couple.

Hearing this, the Court while relying on the landmark judgments on the subject, observed thus:

"..the society cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that the relation between two major individuals may be termed as unsocial. Thus, life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India."

It added,

"Further, as per Section 29 of Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens."

In view of this, the Court disposed of the petition by directing the petitioners that a copy of the petition be sent to the SHO of the concerned Police Station on receipt of which the SHO shall treat it as a complaint and after due enquiry, he shall take necessary preventive measures and other steps to ensure safety and security of the petitioners in accordance with law.

Case Title: Smt. Divya Shekhawat & Anr. v. State Of Rajasthan & Ors.

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