VidhiSangh

Supreme Court of India · 20/04/2018

NANDAKUMAR & ANR. versus THE STATE OF KERALA & ORS.

[2018] 3 S.C.R. 1011 · 2018 INSC 383

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Summary

The Supreme Court set aside a habeas-corpus order placing a 19-year-old woman in her father’s custody because her partner was below the male marriageable age. Both were adults and entitled to live together even outside wedlock. The Court found it unnecessary to determine the marriage question in detail. It expressly left the woman free to decide with whom to live rather than directing her custody to either man.

Issues

  1. Whether doubts about the marriage justified giving an adult woman’s custody to her father.
  2. Whether two adults could choose to live together outside wedlock.
  3. What relief respected the woman’s own choice.

Held

Result

Appeal allowed; High Court order entrusting the adult woman’s custody to her father set aside. Her freedom to choose with whom to live expressly preserved.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 1011.