Supreme court denies Kerala High court Judgment?

New Delhi, May 06: The Supreme Court has restored a Hindu couple's marriage that had been annulled by Kerala High Court on the ground that the groom was not yet 21 years old at the time of the wedding, saying they had the right to live outside wedlock.

A bench of Justices A.K. Sikri and Ashok Bhushan said that even if the marriage had not been validly officialized, as held by the high court, the couple had the right to cohabit as "live-in relationships" had become an accepted facet of life.

The apex court agreed with the submission of the counsel for the groom, Nandakumar, that his wife Thushara, who is a major, had the right to live wherever she wanted to or go wherever she wanted.

Under the Hindu Marriage Act the groom has to be at least 21 years old and the bride 18.

Nandakumar, who has approached the top court, will turn 21 on May 30 this year.

"Learned counsel for the appellants is right in his submission. Even the counsel for the state did not dispute the aforesaid position in law and, in fact, supported this submission of the learned counsel for the appellants," the Supreme Court said in a recent order.

"Such a marriage is not a void marriage under the Hindu Marriage Act, 1955.... It is sufficient to note that both appellant No. 1 and Thushara are majors. Even if they were not competent to enter into wedlock... they have the right to live together even outside wedlock.

The Supreme Court, while setting aside the high court order, referred to the recent Hadiya case wherein it restored the marriage of the girl with Shafin Jahan on the ground that it was a marriage between two consenting adults.

The apex court had set aside the Kerala High Court order annulling the marriage on the gro

"It would not be out of place to mention that 'live-in relationship' is now recognized by the legislature itself which has found its place under the provisions of the Protection of Women from Domestic Violence Act, 2005," the court said in the order.