- 1 Supreme Court of India says it is okay for Adult Couples to live together
Supreme Court of India says it is okay for Adult Couples to live together
While hearing a case involving a 20-year old woman from Kerala whose marriage was annulled by a lower court, the Supreme Court of India noted that every adult Indian has the right to choose the partner with whom they want to live and they can do it without getting married to that person.
The Supreme Court of India noted that the woman had the right to live with the person she wanted, referring to the case.
Women from Domestic Violence Act of 2005 has a provision for live-in relationships
Supreme Court also said that live-in relations were accepted by the Indian legislature. The Protection of Women from Domestic Violence Act of 2005 also has a provision for live-in relationships.
Nandakumar Vs Thushara case at the Kerala High Court
These observations of the Supreme Court were delivered during a plea to the court by one Nandakumar against an order of Kerala High Court. In the order, the High Court had canceled his marriage with Thushara. The high court order was made on the ground that the groom was not adult.
PASSIVE EUTHANASIA LEGALIZED BY SUPREME COURT IN A HISTORIC JUDGEMENT
Prohibition of Child Marriage Act
The Prohibition of Child Marriage Act clearly identifies the legal marriage age of a woman and a man should be 18 and 21 years respectively. It will not be until May 30 this year that the pleader Nandakumar will attain the age to 21 years.
The Kerala High Court order had handed over custody of Thushara to her father. The High Court further had ruled that Thushara was not the legally wedded wife of Nandakumar.
Hindu Marriage Act, 1955
It cannot be said that Nandakumar and Thushara’s marriage is null and void under the section 12 of the Under the Hindu Marriage Act, 1955, simply because of the age of Nandakumar, said the bench of Justices A K Sikri and Ashok Bhusan of the Supreme Court. The court noted that under that act, the most that can be conclusively said is that the marriage is not a voidable one. Additionally, this law should be applied in the case because both the complainant Nandakumar and Thushara are Hindus.
The court reminded that both the man and the woman were majors or over 18 years of age. And therefore, if they decide and choose to live with each other, there should not be anyone stopping them even if they did that without getting married to each other.
But even while noting that the woman had the right to choose who she wanted to live with and act in that manner, the Apex court handed over the custody of the girl to her father.
Hadiya and Safin Jahan case
The top court of the country also referred to the case of a 24-year-old woman from Kerala, a Homeopathic Medical student named Hadiya, who was married to Safin Jahan. The courts had restored their restored their marriage on the ground of that both the individuals had got married to each other at their own free will and choice. The case of the marriage of Hadiya and Safin has been a topic of debate not only in Kerala but in many other parts of the country as well since the last two years.
A habeas corpus petition cannot be used by the court to annul a marriage, said the apex court while clarifying that a court cannot interfere in the marriage of two consenting adults.