Court Orders Protection for Couple Facing Parental Opposition, Affirms Rights Under Domestic Violence Act
The Madhya Pradesh High Court in Indore has delivered a significant judgment affirming the rights of individuals in live-in relationships, even if one partner has not attained the marriageable age. In the case of Ridham Verma and others versus the State of Madhya Pradesh, the court provided relief to a couple aged 20 and 26, who were seeking protection against threats from one partner's parents.
Presided over by Justice Rajesh Kumar Gupta, the court addressed the petition filed by Ridham Verma, aged 20, and her partner, aged 26, who faced opposition from Verma's family due to their decision to cohabit without formalizing their relationship through marriage. The petitioners contended that they were both adults, and thus entitled to live together and sought protection from any coercive actions by the family.
The court referred to the precedent set by the Supreme Court in the case of Nandakumar v. State of Kerala, which recognized the right of consenting adults to live together, even if they are not legally eligible to marry. Justice Gupta emphasized that the Protection of Women from Domestic Violence Act, 2005, acknowledges live-in relationships, thereby granting the couple the right to reside together without interference.
Despite opposition from the State's counsel, who argued that providing protection could encourage promiscuity, the court upheld the petitioners' rights. Justice Gupta noted that since both individuals are majors, they have the autonomy to decide their living arrangements, and such decisions should be protected from societal and familial pressures.
The court directed the State to ensure the petitioners' safety and mandated that the local police provide necessary assistance. The order included instructions for the police to share contact information with the couple for immediate support in case of emergencies.
This judgment reinforces the legal recognition of live-in relationships in India, particularly underlining the rights of individuals who are of legal adult age but not yet at the marriageable age. It highlights the judiciary's role in protecting personal freedoms against external pressures and upholding the principles enshrined in the Constitution of India.
Bottom line:-
Live-in relationship - Protection to partners in a live-in relationship recognized even if one partner is not of marriageable age but is a major.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005, Constitution of India
Ridham Verma v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2924432
