Tag Archives: Registered Marriage

Major Boy and Girl Living With Their Free Will – Nobody Has a Right to Interfere

The Hon’ble Supreme Court in a long line of decisions has settled the law that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has authority to interfere with their living together. Reference may be made to the judgments of the Hon’ble Supreme Court in Gian Devi v. Superintendent, Nari Niketan, (1976) 3 SCC 234; Lata Singh v. State of U.P., (2006) 5 SCC 475; Bhagwan Dass v. State, (2011) 6 SCC 396, which have consistently been followed by the Hon’ble Supreme Court and the Hon’ble Allahabad High Court in Deepika v. State of U.P., 2013 (9) ADJ 534. The Hon’ble Supreme Court in Gian Devi v. Superintendent, Nari Niketan, (1976) 3 SCC 234 has held as under:

        “Whatever may be the date of birth of the petitioner, the fact remains that she is 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 is 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.” Hasina Bano v. State of U.P., 2018 (6) AWC 5599.

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