The right to life and personal liberty extends to individuals in live-in relationships, necessitating state protection against familial threats, irrespective of marriageability or societal norms.

ORDER :

1. The instant criminal writ petition has been preferred by the petitioners with the following prayer:-

“It is therefore, humbly prayed that your Lordships ma kindly be pleased to accept and allow this criminal writ petition and direct Respondent No.3 to 5 to provide protection to the petitioners from private respondents as well as other family members/relatives/associates of the private respondents from bringing harm to the petitioners. Further, the respondent authorities be directed not to harass or unduly detain the petitioners against their will.

Any other relief, order or direction, which your lordships may deem just and proper in the facts and circumstances of the case, be passed in favour of the humble petitioners in the interest of justice.”

2. By way of filing the instant criminal writ petition, a prayer has been made for issuing direction to the respondent Nos.3 to 5 to provide protection to the petitioners from the private respondents.

3. Learned counsel for the petitioners submits that the petitioner No.1 is 18 years old and the petitioner No.2 is of the age of 19 years and they want to perform marriage, after attaining the eligible age of marriage of the petitioner No.2 and till then, they have decided to stay together in a live in-relationship and for the said purpose, they have also executed a live in-relationship agreement on 27.10.2025. Counsel submits that the family members of the petitioner No.1 have not consented for such act of the petitioners and have threatened them to harm their life and personal liberty. Under these circumstances, the petitioners had approached the Nodal Officer, i.e., SHO Police Station Kunhadi, Kota protection by way of filing representations on 13.11.2025 & 17.11.2025 respectively, but no heed has been paid. Under these compelling circumstances, they have approached this Court by way of filing the instant petition.

4. Counsel submits that the Hon’ble Apex Court in the case of Nandakumar & Anr. Vs. The State of Kerala & Ors. while deciding Criminal Appeal No. 597 of 2018 vide order dated 20.04.2018 has dealt with the identical situation, wherein the groom did not attain the age of 21 years and in spite of above, he performed marriage. The father of the girl submitted a Habeas Corpus Petition seeking custody of the girl, before the Kerala High Court and the Court while allowing the said petition, filed by the father of the girl, handed over custody of the girl to the father. The husband of the said girl approached the Hon’ble Apex Court by way of filing Criminal Appeal No.597 of 2018, wherein the Hon’ble Apex Court observed that such marriage is not void, but may be voidable marriage in terms of Sections 5 and 12 of the Hindu Marriage Act, 1955. However, such couples will still have a right to live together even outside the wedlock, as live in- relationships have been recognized by the Legislature, under the provisions of the Protection of Women from Domestic Violence Act, 2005. Counsel submits that under these circumstances, appropriate directions be issued to the Authorities concerned to provide protection to the petitioners.

5. Per contra, learned Public Prosecutor opposed the prayer and submitted that the petitioner No.2 is not eligible to perform the marriage inasmuch as according to the Act/ Rules, the minimum age of eligibility for marriage in the case of male is 21 years and for a female is 18 years. Since the petitioner No.2 has not attained the age of marriage, therefore, under such circumstances, neither he can perform marriage nor he can be allowed to stay in a live in-relationship. Hence, the instant petition does not deserve any indulgence and is liable to be rejected.

6. Heard and considered the submissions made at the Bar and perused the material available on record.

7. As per Section 5 of the Hindu Marriage Act, 1955, the minimum age of the bride and bridegroom should be 18 years and 21 years respectively to perform marriage. It is admitted case of the petitioners tha