In a recent case, Shri Apoorv Joshi, Advocate v. State of M.P & ors., two 19-year-old petitioners sought protection against potential threats and false charges arising from their decision to live together against their parent’s wishes. The petition raised concerns over societal norms and the legality of their situation given their age below the legal marriage age of 21. However, the Madhya Pradesh High Court citing a Supreme Court precedent recognized the right of adults to live together irrespective of marital status. While granting protection, the court cautioned against youngsters entering early live-in relationships emphasizing the need for caution and understanding in such matters.
CASE DETAILS:
Shri Apoorv Joshi, Advocate v. State of M.P & ors.
Writ Petition No. 3857 of 2024
Supreme Court
Coram: Justice Subodh Abhyankar
BACKGROUND:
- The petition filed by the petitioners both aged 19 seeks direction for proper protection and assistance against respondents no. 2 and 3 namely the Sanawad Dist. Khargone (Madhya Pradesh) and the Station House Officer P.S. Sanawad Dist. Khargone (Madhya Pradesh) regarding respondents no. 4 to 6 and their associates.
- Both petitioners also request full protection and security and express concern over the possibility of false charges being filed against petitioner no. 2.
- The petitioners express concern that they reside together against their parent’s wishes and fear potential adverse actions from petitioner no. 1’s parents, hence the request for protection.
- The Government advocate opposed the petition citing the petitioner’s young age of 19 below the legal marriage age of 21. Additionally, granting such protection, it is argued that it may not be in the best interest of society and could encourage promiscuity.
OBSERVATIONS:
The court relied on the Supreme Court’s judgment in Nandakumar v. State of Kerala (2018) 16 SCC 602 where in a habeas corpus petition, the Supreme Court recognized the right of adults to live together even if they are not competent to marry. In that case, the Supreme Court emphasized that as both individuals involved were adults, they had the right to live together even outside of marriage.
In light of this precedent, the Madhya Pradesh Court granted the petition stating that although both petitioners were 19 years old and petitioner no. 2 had not yet turned 21 being a legal adult, he had the right to reside as per his own will. His decision to live with petitioner no. 1 needed to be protected from external interference.
JUDGEMENT:
The Madhya Pradesh High Court while granting protection to a young live-in couple both aged 19 years cautioned against youngsters entering into relationships and leaving their families at an early stage of life.
