SUPREME Court has held that an adult couple has a right to live together without marriage. While ruling this the top court overruled Kerala’s High Court order that gave the custody of a major girl to her father. The court ruled that as an adult she has a freedom of choice as to, with whom she wants to live.
In the present matter, the girl has eloped with a guy who was not of a marriageable age, i.e. 21. Upon this, the father of the girl filed a habeas corpus before the High Court. Also, there was no evidence to show that there was a valid marriage certificate or that the marriage was solemnised between the parties.
After the order of Kerala High Court, the boy filed an appeal before the Supreme Court and argued that since the girl is a major she has a right to live with whomsoever she wants.
On this, the apex court held that though the boy and the girl are not competent to enter into a wedlock they can nevertheless live together without marriage. “Live-in relationships” are now a part of Protection of women from Domestic Violence Act, 2005.
Therefore, in the present matter, the girl is free to choose with whom she wants to live and the court cannot assume the role of super guardian and move by the emotions of the mother or egotism of father.