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Major leave home and stay in pg without interference of parents
13-Apr-2023 (In Family Law)
I am 20 year old girl. I want to stay in pg on my own wish as my parents object to my wishes and i dont like to stay with them so want to stay independently.I have a decent job. I have a boyfriend and my parents oppose to our marraige as we are different caste. My parents are cheap minded and they will invlove my boyfriend and his parents if i leave home eventhough it has nothing to do with him and his parents and put false case on him and his parents and me. His parents dont oppose to our realtion and they have agreed to marry us in 3 or 4 years. I want to know what case my parents can put against me, him and his parents and how can i be safe in this situtation. (We DONOT want to MARRY NOW)
Dear Sir,
Now the law is enlarged and Supreme Court says you both can reside together without getting married.
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Woman, 20, Free To Live With 'Underage' Husband, Rules Supreme Court
An adult couple can be in a live-in relationship even if the man isn't 21 years, the legal age for marriage, the Supreme Court has ruled, telling 20-year-old Thushara that she was free to decide who she wanted to live with.
The high court of Kerala had last year annulled her marriage and sent her back to her father on grounds that the Nandakumar wasn't 21 when they married in April last year.
The Supreme Court also said the high court couldn't have cancelled their marriage on its own under the marriage law, relying on the top court's verdict that allowed a 24-year-old young woman from Kerala, Hadiya, to go with her husband.
In this case, Thushara's father had accused Nandakumar of kidnapping his daughter and got an order from the high court to cancel her marriage with Nandakumar, pointing that he was only 20 years when he married his daughter. The high court had restored the women to her father.
But the Supreme Court ruled that it was sufficient to note that Thushara and Nandakumar were adults.
"Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock," a bench of Justices AK Sikri and Ashok Bhushan said.
The top court noted that the legislature had also recognised "live-in relationship" which has been covered under the Protection of Women from Domestic Violence Act 2005.
"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance," the court ruled, elaborating that adults were entitled to make their choices.
"The courts cannot, as long as the choice remains, assume the role of parens patriae (a Latin term that literally translates to parent of the nation)," the judges said. In legalese, it is the doctrine that grants the state its power to protect people who are legally unable to act on their own behalf. Like minors.
It also cited the Hadiya verdict that concluded the court could not assume the "role of a super guardian" for adults.
Hadiya's marriage to a Muslim man, Shafin Jahan, was annulled by the Kerala High Court last year after her father alleged that she had been brainwashed and forced to convert. The father's version was cited by right wing groups to label it as "love jihad", a term used by them to accuse Muslim men of trapping and marrying Hindu women to recruit them for terror.
Now the law is enlarged and Supreme Court says you both can reside together without getting married.
=======================================================================
Woman, 20, Free To Live With 'Underage' Husband, Rules Supreme Court
An adult couple can be in a live-in relationship even if the man isn't 21 years, the legal age for marriage, the Supreme Court has ruled, telling 20-year-old Thushara that she was free to decide who she wanted to live with.
The high court of Kerala had last year annulled her marriage and sent her back to her father on grounds that the Nandakumar wasn't 21 when they married in April last year.
The Supreme Court also said the high court couldn't have cancelled their marriage on its own under the marriage law, relying on the top court's verdict that allowed a 24-year-old young woman from Kerala, Hadiya, to go with her husband.
In this case, Thushara's father had accused Nandakumar of kidnapping his daughter and got an order from the high court to cancel her marriage with Nandakumar, pointing that he was only 20 years when he married his daughter. The high court had restored the women to her father.
But the Supreme Court ruled that it was sufficient to note that Thushara and Nandakumar were adults.
"Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock," a bench of Justices AK Sikri and Ashok Bhushan said.
The top court noted that the legislature had also recognised "live-in relationship" which has been covered under the Protection of Women from Domestic Violence Act 2005.
"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance," the court ruled, elaborating that adults were entitled to make their choices.
"The courts cannot, as long as the choice remains, assume the role of parens patriae (a Latin term that literally translates to parent of the nation)," the judges said. In legalese, it is the doctrine that grants the state its power to protect people who are legally unable to act on their own behalf. Like minors.
It also cited the Hadiya verdict that concluded the court could not assume the "role of a super guardian" for adults.
Hadiya's marriage to a Muslim man, Shafin Jahan, was annulled by the Kerala High Court last year after her father alleged that she had been brainwashed and forced to convert. The father's version was cited by right wing groups to label it as "love jihad", a term used by them to accuse Muslim men of trapping and marrying Hindu women to recruit them for terror.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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