Pooja Rawat And Another vs State Of Madhya Pradesh

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by

the Government of India, this petition has been taken up through video conferencing to maintain social distancing. The parties are being represented by

the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

The present petition has been filed seeking the following reliefs:-

“(i) That, the respondent be directed not to interfere or to give any mental and physical torture to petitioners on account of live-in-relationship.

(ii) That, the resondent S.P. Datia may also be directed to ensure the life and liberty of the petitioners in the hands of respondent Jayendra Rawat including other

family members as well as members of the respective society.

(iii) That, this Hon'ble Court may kindly be pleased to pass any other order or direction, which this Hon'ble Court may deem fit and proper in the facts and

circumstances of the case.â€​

It is submitted by the counsel for the petitioners that petitioners are belongings to respected families and of same community. They are major and with

their own sweet will they are living together in livein-relationship, but the aforesaid relation of the petitioners is not digested by the respondent-

Jayendra Rawat as the petitioners are belonging to same community, therefore he is regularly harassing and torturing the petitioners both mentally and

physically manipulating with some police personnel. Some police personnel are regularly making phone calls to the petitioners and threatening them,

but as the petitioners have not committed any offence they are major therefore the respondent Jayendra Rawat in connivance with some police

personnel has no authority to disturb the relationship of the petitioners. Counsel for the petitioners has relied upon the judgment passed by the

Hon’ble Supreme Court in the case of Shakti Vahini vs Union Of India and Ors., (2018) 7 SCC 192, wherein the concept of live-inrelationship

was considered by the larger Bench of the Supreme Court. He has further relied upon the judgment passed by the Hon’ble Supreme Court in the

case of Bhagwan Das vs. State NCT of Delhi, Criminal Appeal No.117/2010, wherein the Hon’ble Supreme Court has held that “Honour

killings had become common place in many parts of the country, particularly in Haryana, Western U.P. and Rajasthan. This is necessary as a

deterrent for such outrageous, uncivilized behaviour. All persons who are planning to perpetrate honour killings should know that the gallows await

themâ€​.

He has further placed reliance on the judgment of the Hon'ble Supreme Court in the case ofÂL ata singh v. State of UP reported in

(2006) 5 SCC 475.

Heard the learned counsel for the petitioners and perused the record.

From the perusal of the record, it is seen that the petitioners are major and they are living in live-in-relationship as per the averments made in the

petition. The Constitutional Bench of the Hon’ble Supreme Court has considered the aspect of live-in-relationship in the case ofJ oseph Shine vs.

Union of India, reported in (2019) 3 SCC 39. The Hon’ble Supreme Court has held that live in relationship are permissible. Considering the law

laid down by the constitutional bench of the Hon'ble Supreme Court in the case of Joseph Shine (supra) wherein the aspect/concept of live-in-

relationship was held to be permissible and law on gender discrimination was held to be unconstitutional.

Considering the law laid down by the Hon’ble Supreme Court and the fact that the parties have agreed to live-in-relationship of their own will and

they are major, the petition is disposed of with a direction to the respondents No. 2 to 4 that in the event of filing of a complaint by the petitioners with

respect to harassment being caused by the respondent no.5-Jayendra Rawat or claiming any protection from the resondent No.5 then the respondents

No. 2 to 4 are directed to dwell upon the representation and take immediate steps for grant of protection to the petitioners with respect to their life and

liberty.

Petition is disposed of with the aforesaid direction.

E-copy of this order be provided to the petitioners. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in

respect of this order.