"Both Are Major": Rajasthan High Court Directs Nodal Officer To Consider Protection Plea Of 19-Yr-Old Man & 18-Yr-Old Woman
The Rajasthan High Court was considering a criminal writ petition preferred by the petitioners seeking a direction to the Respondents to provide protection from the woman's family members
Justice Anoop Kumar Dhand, Rajasthan High Court
While considering the protection plea of a 19-year-old man and an 18-year-old woman and noting that the man had not yet attained the age of 21 years, the Rajasthan High Court held that the petitioners could not be deprived to live together. The High Court has asked the Nodal Officer to decide the representation submitted by them in accordance with law.
The High Court was considering a criminal writ petition preferred by the petitioners seeking a direction to the Respondents to provide protection to the petitioners from the private respondents as well as other family members/relatives/associates of the private respondents from bringing harm to the petitioners.
The Single Bench of Justice Anoop Kumar Dhand held, “It is admitted case of the petitioners that both of them are major and have attained the age of majority and maturity and they have decided to perform marriage with each other. The only hurdle and rider between solemnization of their marriage is the age of the petitioner No.2, who has not attained the eligible age of 21 years to perform marriage with the petitioner No.1. Hence, they cannot be left at the mercy of the private respondents, who are against their aforesaid decision.”
Advocate Satyam Khandelwal represented the Petitioner while Public Prosecutor Vivek Choudhary represented the Respondent.
Factual Background
The 18-year-old woman (first petitioner) and the 18-year-old man (second petitioner) wanted to perform marriage, after attaining the eligible age of marriage of the second petitioner and till then, they had decided to stay together in a live-in-relationship. They had also executed a live in relationship agreement. It was alleged that the family members of the girl had not consented for such an act of the petitioners and threatened them to harm their life and personal liberty.
Reasoning
The Bench, at the outset, explained that as per Section 5 of the Hindu Marriage Act, 1955, the minimum age of the bride and bridegroom should be 18 years and 21 years respectively to perform marriage. The Bench took note of the admitted case of the petitioners that both of them are major and have attained the age of majority and decided to perform marriage with each other.
It was further noticed that the only hurdle and rider between solemnization of their marriage was the age of the petitioner boy, who had not attained the eligible age of 21 years to perform marriage with the petitioner girl. “In the case at hand, the petitioner No.2 has not yet attained the age of 21 years, therefore, he not being of marriageable age, the petitioners cannot be deprived to live together in such type of relationship”, it added.
The Bench reiterated that Article 21 of the Constitution of India guarantees the right to life and personal liberty under the ambit of the fundamental rights, and any threat to these rights constitutes violation of the same. “Further, as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and personal liberty of the citizens”, the order read.
The Bench took note of the fact that the petitioners had already approached the Nodal Officer, by way of filing a representation. “...it is expected from the Nodal Officer to decide the representation so submitted by them in accordance with law and ensure that after analyzing the threat perceptions, if necessitated, he may pass necessary orders to provide adequate security and protection to the petitioners”, it added.
With such observations and directions, the Bench disposed of the criminal writ petition.
Cause Title: Priya Suman v. State of Rajasthan (Neutral Citation: 2025:RJ-JP:48775)