MER VISHALBHAI MUKESHBHAI v. STATE OF GUJARAT & Ors.

CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA HONOURABLE MR.JUSTICE D. M. VYAS Date : 15/01/2026 ORAL ORDER (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

Mer Vishalbhai Mukeshbhai has presented this petition contending that his live-in partner Rinaben has been illegally con(cid:31)ned by her parents.

In this case, the petitioner and the Rinaben had entered into a live-in agreement and they are living together as a matter of choice. It is contended that both of them being majors, they had a right to cohabit with each other and the R/SCR.A/534/2026 ORDER DATED: 15/01/2026 agreement that is produced is only manifestation of that legal right that they have.

On advance notice being served, the State secured the presence of the corpus and has presented her before us.

The corpus, Jadav Rinaben Kanubhai submits that she has voluntarily entered into a live-in agreement with the petitioner Mer Vishalbhai Mukeshbhai and she intends to get married to him as soon as he attains the marriageable age. She submits that she is under no compulsion of any kind from the petitioner and she is residing with him voluntarily.

It is not in dispute that the corpus aged about 19 years and therefore, it is obvious that she has right to decide for her own sake as to with whom she should reside.

She also submits that she was prevented from living with the petitioner and had been detained R/SCR.A/534/2026 ORDER DATED: 15/01/2026 by her parents, until she was rescued by the police and kept in the Sakhi One Stop Center. Since the corpus is 19 years and as observed earlier, has right to stay with a person of her own choice, the parents of the corpus cannot obviously detain her.

We, therefore, hold that the corpus is permitted to stay with the petitioner and her parents and her family members would have no right to interfere with her cohabitation with the petitioner.

Learned counsel for the petitioner brings to our notice that there was a telephonic conversation between the father of the petitioner and respondent No.6, a transcript of which is produced as Annexure E, according to which threats have been endowed to the petitioner and his family members if this relationship is allowed to continue.

In the light of this apprehension, a direction is necessary to be issued to the respondent Nos. 5 R/SCR.A/534/2026 ORDER DATED: 15/01/2026 and 6 that they should not interfere with the corpus’s cohabitation with the petitioner in any manner whatsoever. The Police should also a9ord adequate protection to the corpus as well as to the petitioner.

The petition is accordingly allowed. (N.S.SANJAY GOWDA,J) YASH ARORA (D. M. VYAS, J) Original copy of this order has been signed by the Hon'ble Judges.