Parents Or Society Cannot Compel A Major Child To Live A Life On Their Terms: Punjab & Haryana High Court

The Punjab and Haryana High Court on Monday (25th January) observed that parents cannot compel a child to live a life on their terms. The Bench of Justice Alka Sarin further reiterated that merely because the boy is not of marriageable age (though major) the right of petitioners to live-together cannot be denied. Further, noting that "Parents cannot compel a child to live a life on their terms and that every adult individual has a right to live his or her life as he or she deems fit", the High Court upheld a couple's right to be in a live-in relationship. "Admittedly, he is a major. Merely because of the fact that petitioner No.2 is not of a marriageable age the petitioners cannot possibly be denied enforcement of their fundamental rights as envisaged under Article 21 of the Constitution of India."The society cannot determine how an individual should live her or his life. A person with whom someone chooses to spend his or her life with cannot be determined by what society wants. Parents don't accept their daughter's choices only because of fear that it is not acceptable to the society. "The petitioners, both being major, have decided to live together in a live-in relationship and there possibly may not be any legally justifiable reason for the respondents to object to the same", said the Court. The matter before the Court It may be noted the Bench was hearing a criminal writ petition for enforcement of fundamental rights of the petitioners seeking protection of their life and liberty as enshrined under Article 21 of the Constitution of India at the hands of private respondents. It was further stated that the petitioners (18-year-old girl and 19-year-old boy) are known to each other and have started living together in live-in relationship w.e.f. 18th January 2021 (though the Boy has not attained marriageable age) It was stated that their relationship is not acceptable to respondent Nos.4 to 8 (relatives of girl) and they are threatening the petitioners with dire consequences. It was also submitted that they moved a representation dated 18th January 2021 to the Superintendent of Police, Jind, however, they alleged that no action has been taken thereon. Court's Observations The Court, in its order remarked, "She is well within her right to decide for herself what is good for her and what is not. She has decided to take a step to be in a live-in-relationship with petitioner No.2 who is also major, though may not be of a marriageable age. Be that as it may, the fact remains that both the petitioners in the present case are major and have a right to live their life on their own terms." Importantly, the Court observed, "Parents cannot compel a child to live a life on their terms. Every adult individual has a right to live his or her life as he or she deems fit. The petitioners are both major and have every right to live their lives as they desire within the four corners of the law." Further, noting that the society cannot determine how an individual should live her or his life, the Court said, "A person with whom someone chooses to spend his or her life with cannot be determined by what society wants. Parents don't accept their daughter's choices only because of fear that it is not acceptable to the society" Lastly, while taking into account the fact that the Boy is not of marriageable age, the Court directed the Superintendent of Police, Jind to decide their representation and take necessary action as per law. Case title - Mafi and another v. State of Haryana and others [CRWP No.691 of 2021] Click Here To Download OrderRead Order

Parents Or Society Cannot Compel A Major Child To Live A Life On Their Terms: Punjab & Haryana High Court

Sparsh Upadhyay

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