The country’s top court said that if a boy is a child and is under 21 years old, then he can live with a girl in LIVE-IN relationship. The Supreme Court also concluded that if two adults are not in the age of marriage, they can live together without doing marriage. The Supreme Court has said that the legislature also recognizes live-n relationships.
Due to the boy being under 21 years of age, the High Court had accepted the request of the girl’s father and sent the girl to her father’s custody. Accepting the boy’s petition, the Supreme Court dismissed the order of the Kerala High Court and said that the girl is an adult girl over 18 years old and she can stay where she wishes. The girl had said that she wants to stay with the boy on her own wish.
What is the case ?
It was said in the petition that Rakesh and Yogita (both name changed) have been married on April 12, 2017. At the time of marriage, the girl was 19 years old and the boy was 20 years old. After this, the girl was with Rakesh as a wife. Yogita’s father filed a missing report and framed Habeas corpus in the Kerala High Court. The High Court said that the boy’s age is not of marriage, while the girl’s age is valid. In such a case, she is not a legal wife. No valid soid evidence were produced to prove their marriage. The High Court accepted Yogita’s father’s request and sent the girl to the custody of the father.
Boy’s plea was the right to live independently
Rakesh has filed an application in the Supreme Court saying that Yogita is a 19 year old adult. She can stay whereever she wants. Even if Rakesh is less than 21 years old, he is also an adult and under the Hindu Marriage Act, this marriage is not illegal, but is voidable. In this case, the High Court’s decision is not correct.
The Supreme Court rejected the High Court verdict and said that the right to choose is the fundamental right and the girl is an adult, she may wish to be with whom she chooses to live with. The Supreme Court has arranged that both are adults. If they are not in the age of marriage, even if they want, they can live their lifes together without marriage with their own will. The Supreme Court has said that the legislature also recognizes live in relationship in DV Act.