Kerala High Court allows teenage-adults to live in together

June 02, 2018

In a bid to protect the rights and interests of adults willing to live together consensually, the Kerala High Court has allowed a habeas corpus petition in favor of the live-in couple. The petition, disposed by a division bench of J. V. Chitambaresh and J. K. P. Jyothindranath, has observed that as per the facts of the case, if the Muslim teenage couple, above the age of 18 wishes to live together, then the constitution is bound to protect their interests. The habeas corpus petition was filed by the father of the 19-year-old girl who had been living with an 18-year-old boy. The father claims that the girl was in illegal custody of the boy. The father had earlier approached judicial magistrate first class who ordered in favour of the father, stating Section 2(a) of Prohibition of Child Marriage Act, 2006 stating that the boy had not completed 21 years of age. The court observed that the girl is eligible for marriage under Mohammedan law. The court in the case of Nandkumar v. State of Kerala & Ors. had observed that live-in relationships are recognized under the Domestic Violence Act, 2005. Also, the Supreme Court in the case of Shafin Jahan v. Ashok K.M. had separated the role of parents, who cannot interfere in the choice of living of their children who had attained majority. Live in relationships are legally recognized even if they are condemned by the orthodox segment of the society.