Raising legal age of marriage for women reading along with the supreme court decision in Nandakumar's case.

By Adv sudheesh s kumar -

 

In  Sapna and Anr v. State of Punjab while dealing with the protection plea of a young couple in a live-in relationship, the Punjab and Haryana High Court on observed that merely because the adult boy is not of marriageable age, it would not deprive the young couple of their fundamental right as enshrined under Article 21 of the Constitution. 

Justice Harnaresh Singh Gill was adjudicating upon a writ petition filed under Article 226 of the Constitution wherein the petitioners (young couple) had sought police protection against their parents who had objected to their live-in relationship. boy although a major, had not yet attained marriageable age which is why the parents had been issuing threats to the couple. 

Directing the Senior Superintendent of Police, Gurdaspur to grant protection to the couple in case any threat to life and liberty is perceived, the Court observed, 

"It is the bounden duty of the State as per the Constitutional obligations cast upon it to protect the life and liberty of every citizen. Mere fact that petitioner No. 2 (boy) is not of marriageable age, would not deprive the petitioners of their fundamental right as envisaged in the Constitution, being citizens of India. "

The counsel for the petitioners submitted that the petitioners are living in constant danger as they are under constant apprehension that their parents will carry out their threats and might even go to the extent of committing their murder.

Therefore  the petitioners  placed  reliance  on the Supreme Court judgment in Nandakumar and Anr v. The State of Kerala wherein the Apex Court had held that even if the boy was not competent to enter into wedlock, they have the right to live together even outside wedlock. The Apex Court had also taken into consideration that 'live-in relationship' is now recognized by the Legislature itself. 

Taking cognisance of the grievance raised, the Court opined, "Article 21 of the Constitution stipulates protection of life and liberty to every citizen and that no person shall be deprived of his life and personal liberty except according to procedure established by law."

Accordingly, the Court while disposing of the plea directed the Senior Superintendent of Police, Gurdaspur, to decide the representation dated December 7, 2021, moved by the petitioners in accordance with law and grant protection to them. 

Thereby analyzing  the precedent in nandakumar's case along with the movement to raise the marriage age of women. We can conclude that , eventhought the legal age for marriage has been increased , it will not prevent those individuals who are attain the age of majority to live together.   They can opt for a live in relationship  and hence the increase in age will not affect those who genuinely want to live together. Because it is  all about individual liberty.

I am a Legal professional - practicing as a counsel before the High Court of Kerala and the Trial Courts Mainly in Kottayam Zone. I graduated with a bachelor’s degree in Bachelor of Commerce from Mahatma Gandhi University (2014-17) and a bachelor’s degree in law from University of Calicut (2018-21). From November 2021 onwards till July 2022 , I was a Junior trainee at the Firm Tharakan and George Associates. Now I am an Associate Litigator at Tharakan and George Associates. Civil Commercial litigation, Consumer Litigation , Drafting of Legal Documents , Preparation of Title deeds , Registration of Firms and Society are my primary areas of practice. Opinions expressed by me here are in my personal capacity, and may not be conclusive. My LinkedIn profile is available at https://www.linkedin.com/in/adv-sudheesh-s-kumar-632977234/

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