October 2, 2018

The Allahabad High Court recently reiterated that lives of married couples can't interfere with by anybody & that they're entitled to living peacefully without such interference.

In doing so, Justice Kaushal Jayendra Thaker relied on several decisions rendered by the Apex Court, wherein it has been held that no one, including their parents, can interfere with major boys & girls living together out of their own free will.

For instance, it relied on observations made in Gian Devi v. The Superintendent, Nari Niketan, Delhi & others, wherein the Supreme Court had opined, “…Whatever may be the date of birth of the petitioner, the fact remains that she's at present more than 18 years of age.

As the petitioner is sui juris no fetters can be placed upon her choice of the person with whom she's to stay, nor can any restriction be imposed regarding the place where she should stay. The court or the relatives of the petitioner can also not substitute their opinion or preference for that of the petitioner in such a matter.”

The High Court was hearing a petition filed by a couple, who had approached the HC alleging harassment by their family members. They had sought protection of their lives & liberty, as well as a bar against anybody wanting to interfere in their married lives. They had further submitted their Aadhaar cards to contend that they're adults & were living together out of their own free will.

Emphasising on SC decisions ruling in their favor, the Court then observed, “Having regard to the facts & circumstances of the case, I am of the view that the petitioners are at liberty to live together & no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the concerned police authority with a certified copy of this order, who shall provide immediate protection to the petitioners.”

The petition was therefore partly allowed, with the court clarifying that it hasn't adjudicated upon the validity of their marriage.

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