ALEESHA KHAN Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been preferred by the petitioners seeking following reliefs:

(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 CRWPNo.10786/2020 as well as the order dtd. 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.