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NEUTRAL CITATION NO. 2025:MPHC-IND:37811

1 WP-49301-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE GAJENDRA SINGH

th

ON THE 24 OF DECEMBER, 2025

WRIT PETITION No. 49301 of 2025

RUCHIKA AND OTHERS

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Prashant Sharma - Advocate for the petitioners.

Shri Vinod Thakur - GA for the State.

ORDER

This petition has been filed by the petitioner no.1 is 20 years 7 months

and 19 days old and petitioner no.2 is 20 years 6 months and 7 days old and

seeking the following reliefs:-

"The petitioners humbly request the hon’ble

High Court to take into account the Grounds

Urged and directs the respondents to give

police protection to the petitioners."

2. The grievance of the petitioners are that they are residing together

against the wishes of their parents, but are apprehending that some untoward

action may be taken by the parents of petitioner no.1, thus, protection in this

regard has been sought.

3. In support of his contention that protection can be granted to live in

partner also, counsel for the petitioners has drawn attention of this Court to a

decision rendered by the Supreme Court in the case of Nandakumar Vs. State

Signature Not Verified

Signed by: AJIT

KAMALASANAN

Signing time: 24-12-2025

18:16:47

NEUTRAL CITATION NO. 2025:MPHC-IND:37811

2 WP-49301-2025

of Kerala reported as (2018) 16 SCC 602, in which in a habeas corpus

petition, the Supreme Court has taken note of the relationship between the

persons involved, and 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. Thus, it is submitted that the present

petitioners, who are entitled to reside together may be protected from any

violence by any person or their parents.

4. Shri Vinod Thakur, learned counsel for the respondent/State on the

other hand has opposed the prayer, and submitted that petitioner no.2 boy is

only 20 years old, and has not even completed 21 years which is

marriageable age, and thus, it is submitted that no case for interference is

made out. It is 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.

5. Heard.

6. Having considered the rival submissions, and on perusal of the

documents filed on record, as also the aforesaid decision of the Hon’ble

Supreme court, in para 10 of which it has been observed as under:-

“10.We need not go into this aspect in detail.

For our purposes, it is sufficient to note that

both Appellant 1 and Thushara are major.

Even if they were not competent to enter into

wedlock (which position itself is disputed),

they have right to live together even outside

wedlock. It would not be out of place to

mention that “live- in relationship” is now

recognised by the legislature itself which has

found its place under the provisions of the

Signature Not Verified

Signed by: AJIT

KAMALASANAN

Signing time: 24-12-2025

18:16:47

NEUTRAL CITATION NO. 2025:MPHC-IND:37811

3 WP-49301-2025

Protection of Women from Domestic

Violence Act, 2005. "

7. In view of the aforesaid, this Court is inclined to allow the present

petition as despite the fact that both the petitioners are 20 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.

8. 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

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