An adult couple can live together without the need to get married. An Indian Supreme Court has given this verdict.
As per the court as a 20 years of age Kerala woman’s marriage was annulled, now she can live with anyone she likes.
The Supreme Court was adamant that live-in relationships are now accepted in law. They are approved under provisions of the Protection of Women from Domestic Violence Act, 2005.
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This decision was made by the apex court during the hearing of a plea filed by Nandakumar against the Kerala High Court’s order of canceling his marriage with Thushara, saying that he has not reached the legal age of marriage.
As per the Prohibition of Child Marriage Act, a girl needs to be at least 18 years old to get married and a boy must be 21 years of age to get married.
Nandakumar will turn 21 on May 30th, 2018. Till then the high court has given Thushara’s custody to her father saying that she is not Nandakumar’s “lawfully wedded” wife.
A K Sikri and Ashok Bhushan a bench of justices of apex court said that the marriage can’t be “null and void” just because Nandakumar has not turned 21.
The bench said, “Appellant no 1, as well as Thushara, are Hindus. Such a marriage is not a void marriage 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… “It is sufficient to note that both appellant no 1 and Thushara are major. Even if they were not competent to enter into wedlock they have right to live together even outside wedlock.”
The apex court rejected the decision of the high court to grant the custody of Thushara to her father and said, “we make it clear that the freedom of choice would be of Thushara as to with whom she wants to live”.