ORDER/JUDGMENT : – Shri Rinku Rathore, learned counsel for the petitioner. Shri G. K. Agrawal, learned GA for respondents No. 1 to 3/State. Shri Dhalveer Singh (ASI) and Police Constable (woman) Ms. Rajkumari Lodhi (1117) brought petitioner No. 1 before this Court. This petition under Article 226 of Constitution of India has been preferred by the petitioners seeking following reliefs : “i) That, the respondents police authorities may kindly be directed to ensure the protection life and liberty of the petitioners and stop private respondents No. 4 and any other person if they want to take away the life and liberty of the petitioners, in the interest of justice. ii) That, any other relief which is suitable in the facts and circumstances of the case in favour of the petitioner including the costs throughout may also be granted. 2. It is the submission of learned counsel for the petitioners that petitioner No. 1 is major aged 18 years and petitioner No. 2 is 20 years of age. Both are in emotional proximity and decided to live in live-in relationship without performing marriage. However, it is being objected by father of petitioner No. 1, therefore, present petition has been filed. Counsel for the petitioners have relied upon the judgments of Hon’ble Apex Court in the matter of Lata Singh vs. State of U. P. and anr., (2006) 5 SCC 475 and Shakti Vahini vs. Union of India and ors., (2018) 7 SCC 192 . He further relied upon the order passed in the case of Harpreet Kaur and another vs. State of Haryana and others passed in CRWP No. 10786/2020 as well as the order dated 20-12-2018 in Writ Petition No. 28887/2018 by the Coordinate Bench of this Court. 3. Per contra, it is the submission of learned counsel for the respondents/State that petitioners intend to live in live-in relationship and do not want to marry each other at this stage. He further informed this Court that missing person report No. 24/2022 was registered at the instance of family members of petitioner No. 1 -Aleesha Khan at Police Station Bahodapur District Gwalior and therefore, petitioner No. 1 was tracked yesterday and placed at Nari Niketan, Gwalior. Today she has been brought along with constable (female) before this Court and petitioner No. 1 expressed her desire to live with petitioner No. 2-Shivam Singh Yadav. 4.
Today she has been brought along with constable (female) before this Court and petitioner No. 1 expressed her desire to live with petitioner No. 2-Shivam Singh Yadav. 4. Heard learned counsel for the parties and perused the documents appended thereto. 5. Petitioners expressed their intention and desire to live together under live-in relationship because they are Major and can decide their future course of actions independently. 6. It is a case where petitioner No. 1 produced her original markssheet of Class 10th in which her date of birth is marked as 25-1-2004, therefore, petitioner No. 1 Aleesha Khan has completed 18 years recently. Similarly age of petitioner No. 2-Shivam Singh Yadav is referred as 14-2-2002, therefore, he also attained the age of 20 years recently. As per section 3 of The Majority Act, 1875 both the petitioners are major therefore, as per statute they can avail all the privileges and benefits flowing out of it. 7. As per section 5(iii) of The Hindu Marriage Act, 1955 and section 4(c) of The Special Marriage Act, 1954, marriageable age is 21 years for male and 18 years for female but here at this stage, petitioners did not intend to marry, therefore, both these statutes are not of much relevance at this stage. However, so far live-in relationship is concerned, prima facie being major they can decide their future course of actions. Therefore, to the extent wherein petitioners intend to live in live-in relationship, petition stands allowed. 8. It is made clear that no interference in the peaceful coexistence of petitioners contrary to their interest be made by any person and if any cognizable offence against the petitioners is being committed on the basis of their living in live-in relationship then police authorities shall proceed against those miscreants/erring persons in accordance with law. Petitioner No. 1 be allowed to go as per her wish wherever she wants to go, if possible escorted by police (female) personnel. 9. With the aforesaid observations and directions, petition stands disposed of.