‘Court Cannot Interfere In Marriage Of Two Consenting Adults’

New Delhi: An adult couple has a right to live together without marriage, the Supreme Court said, adding that live-in relationships are recognised by the Legislature and found a place under the provisions of Protection of Women from Domestic Violence Act, 2005.

While hearing a plea filed by NanadaKumar against a Kerala High Court order annulling his marriage with Thushara on the ground that he had no attained the legal age of marriage, the apex court said it cannot interfere in the marriage of two consenting adults and annul the marriage in a habeas corpus.

Nandakunar will turn 21, on May 30 this year.

According to the Child Marriage Act, a boy attains the legal age of marriage at 21 and a girl, at 18.

The HC had granted Thushara’s custody to her father as she was not ‘lawfully wedded’ to Nandakumar.

However, a bench of Justices A K Sikri and Ashok Bhushan said just because Nandakumar was not 21 years of age at the time of marriage, does not make it null and void.

The bench said since Appellant no 1 as well as Thushara are Hindus, such a marriage is not void under the Hindu Marriage Act, 1955. “And as per the provisions of Section 12, which can be attracted in such a case, at the most, the marriage would be a voidable marriage”.

Setting aside the HC order that had granted the woman’s custody to her father, the apex court said Thushara has the freedom to choose who she wants to live with.