Indore (Madhya Pradesh): In a significant ruling on personal liberty, the Indore bench of the Madhya Pradesh High Court has ruled that consenting adults have the fundamental right to live together even outside formal wedlock and are entitled to state protection from external threats.
Justice Sandeep N Bhatt delivered the verdict on Saturday while allowing a writ petition filed by Muskan Sen and others seeking protection from hostile family members.
The petitioners approached the High Court stating that they were living together against the wishes of their families.
They alleged that family members, particularly Sen's relatives, had issued death threats and posed a serious risk to their safety. They sought directions for police protection against potential harassment or false implication.
During the proceedings, the State government advocate opposed the petition, arguing that granting official protection to live-in relationships could negatively affect societal structures and promote promiscuous behaviour.
Advocate Rakesh Kumar Sharma, representing the petitioners, cited the Supreme Court ruling in Nandakumar vs State of Kerala (2018).
In that decision, the apex court held that since the individuals involved were adults, they had the legal right to live together even if they were not legally competent to marry at the time.
The court also noted that live-in relationships have legislative recognition under the Protection of Women from Domestic Violence Act, 2005.
Reiterating the apex court's position, Justice Bhatt observed that since the petitioners are adults, they are entitled to live according to their own free will and their choices must be protected from external coercion or violence.
HC DIRECTIVES TO ENSURE SAFETY
Protection: The authorities were directed to provide necessary security and protection to the petitioners.
Direct Communication: The station house officer (SHO) concerned was directed to share their mobile number with the petitioners to ensure immediate assistance during emergencies.
