In this instance, minors were living together. A live-in relationship between a 17-year-old male and a 19-year-old girl continued. For kidnapping the girl, a FIR (first informant report) was filed against the youngster. The mother of the girl had filed it on 30th April 2023 and the couple decided to live together from 27th april 2023. The boy was charged with section 363 & 366.
The couple had asked the court to overturn the FIR that had been filed. Justice Vivek Kumar Birla and Justice Rajendra Kumar-IV handled this case.
Case of Kiran Rawat And Another vs. State Of U.P. Thru. Secy. Home, Lko. And Others 2023 LiveLaw (AB) 201 was looked upon before delivering the judgement.
The court also stated that there are a number of prerequisites that must be met for a live-in relationship to be considered one that has the same legal status as marriage, and that individual must be at least 18 years old to qualify.
Here the girl is major and claimed that left her house on her own(by consent)so the section363(punishment for kidnapping)was not applicable.
They(court)added that an accused who is below 18 years of age cannot seek protection on the ground of having a live-in relationship with a major girl and thus the Court added that such a relationship “has not been given any protective umbrella under any law of the land” except that two major persons have the right to live their own life and to that extent, their personal liberty is to be protected and “(They) behave sometimes against the society, sometimes against their parents and sometimes also against the partner of their choice when they do not find any way out from the predicament wherein they get landed after entering into such relationship,” then dismissed the case
Written by- Mahek Jain , College Name- vivekanand college of law , Semester-5 intern under legal vidya
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