Aneeta Dhakad vs The State Of Madhya Pradesh
2022 Latest Caselaw 9311 MP

                              1

         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                  ON THE 11th OF JULY , 2022

              WRIT PETITION NO.15542 OF 2022

      Between:-

1.    ANEETA DHAKAD D/O SHRI
      LAXMAN SINGH DHAKAD, AGE -
      26   YEARS,   OCCUPATION    -
      HOUSEWORK,               R/O-
      HANUMANTPURA WARD NO. 6,
      BHANDER,    DISTRICT    DATIA
      MADHYA PRADESH.
2.    AKSHAY SAHU S/O SHRI ARVIND
      SAHU,   AGE    -   28  YEARS,
      OCCUPATION PRIVATE WORK,
      R/O-   HANUMANTPURA     WARD
      NO.6, BHANDER, DISTRICT DATIA
      MADHYA PRADESH.
                                          ........PETITIONERS

      (BY SHRI K.K. KORI - ADVOCATE)

      AND

1.   THE STATE OF MADHYA PRADESH,
     THROUGH      ITS   PRINCIPAL
     SECRETARY, DEPARTMENT OF
     HOME, MANTRALAYA, GOVT. OF
     MADHYA PRADESH, VALLABH
     BHAWAN,    BHOPAL   (MADHYA
     PRADESH).
2.   THE     SUPERINTENDENT    OF
     POLICE,   GWALIOR   (MADHYA
                                            2

      PRADESH).
3.    THE POLICE STATION MOHNA
      DISTRICT GWALIOR (MADHYA
      PRADESH) THROUGH ITS STATION
      HOUSE OFFICER.
4.    LAXMAN SINGH DHAKAD S/O SHRI
      MULARAM, AGE - 52 YEARS, R/O
      KIRAR COLONY PATAI ROAD,
      MOHNA     DISTRICT  GWALIOR
      MADHYA PRADESH.
                                                            ........RESPONDENTS

       (BY SHRI JITESH SHARMA - GOVERNMENT
       ADVOCATE)
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       This petition coming on for hearing this day, the Court passed the
following:
                                       ORDER

This petition under Article 226 of the Constitution of India has been filed seeking the 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 submitted by the counsel for the petitioners that they are living in live-in relationship for the last 3 years. On 4/7/2022 the petitioner no.1 sent an application to SHO, Police Station Mohna, District Gwalior by registered post alleging inter alia that since her parents are not permitting

to live in live-in relationship, therefore, she is leaving her house for residing with petitioner no.2. It is submitted that since the petitioners are apprehending danger to their life, therefore, the respondents be directed to give protection in the light of the judgment passed by the Supreme Court in the case of Lata Singh Vs. State of UP reported in (2006) 5 SCC 475.

3. Per contra, the petition is vehemently opposed by the counsel for the respondents/State. It is submitted that live-in relationship is not a recognized relationship in this country. Even otherwise, by application dated 4/7/2022 the petitioner no.1 has merely informed the Superintendent of Police, Gwalior and SHO, Police Station Mohna, District Gwalior that she is leaving her house to live with petitioner no.2. No allegation of any threat or any offence has been made in the application. Whatever allegations of threat have been made, were allegedly given while the petitioner no.1 was residing with her parents.

4. Heard learned counsel for the parties.

5. So far as the question of live-in relationship is concerned, it is true that it is not a recognized relationship, but the petitioners claim themselves to be major being 26 and 28 years of age. They are free to live their life as per their wishes. However, the petition is completely silent as to whether any of the petitioners is having living spouse or not.

6. Be that whatever it may.

7. In case if the petitioners approach the competent authority with a specific instance of threat / offence committed by anybody, then subject to verification as to whether any of the petitioners is having living spouse or not as well as subject to verification of their age, the respondents shall

act in accordance with the directions given by the Supreme Court in the case of Lata Singh (supra).

8. Needless to mention here that if any FIR has already been lodged, then this order shall not have any adverse effect on the same.

9. With aforesaid observations, the petition is disposed of.

                                                            (G.S. AHLUWALIA)
Arun*                                                              JUDGE
                     ARUN KUMAR MISHRA
                     2022.07.13 18:21:09 +05'30'