The Gujarat High Court has allowed a 20-year-old girl to go with her lover who has not yet attained the marriageable age considering their submission that they would like to live with each other till such time that they can get married.
A bench of Justice Abhilasha Kumari and Justice BN Karia observed that the girl is an adult and is capable of taking her own decisions regarding her life and future, and she has voluntarily chosen to go with her lover knowingly, in spite of the opposition from her parents and the parents of her lover.
The bench, during the course of considering the habeas corpus petition filed by mother of the girl, interacted with the couple. The girl told the court that she had disclosed her desire to marry her lover but her parents are against the match due to the difference in religion. The boy told the bench that he would take good care of the girl and would marry her when he attains the age of 21, and that he would not abandon her under any circumstances.
“We have tried to impress upon the corpus the possible difficulties that she may face as a consequence of her decision, looking to the opposition to their relationship by the parents on both sides. However, she is firm in her decision to go with him,” the bench said.
“The Court is faced with a situation where the corpus is aged twenty years and respondent No.4, with whom she has willing and voluntarily gone, has just completed eighteen years of age and is not yet twenty-one years. However, both of them are adults. The corpus and respondent No.4 are adamant in their stand that they would like to live with each other till such time that they can get married. They state that they may be permitted to leave the Court in each other's company,” the Bench said.
“We, therefore, have no other option but to permit the corpus and respondent No.4 to leave together. The Police authorities may escort them to the Railway Station as per their request,” it said.