HC rules against live-in relation between adult male, minor girl
There cannot be any sexual relationship with a girl less than 18 years of age by any person even if it is with her consent, bench observes
CHANDIGARH: The Punjab and Haryana high court has ruled against the live-in relationship between a minor girl and adult male.
“Since sexual relationship forms an essential part of a live-in relationship in the nature of marriage and there cannot be any sexual relationship with a girl child less than 18 years of age by any person even with her consent, a girl child less than 18 years of age will not be entitled to a live-in-relationship in the nature of marriage with a person of her choice,” the bench of justice Arun Kumar Tyagi said.
The court was seized of a protection plea from a 19-yearold boy and 15-year-old girl from Sangrur, who claimed they liked each other and wanted to stay as live-in partners till the time of majority as they are not of marriageable age. The court had sent the girl to a protection home in June and sought response from various parties, taking note of the fact that courts are getting a large number of such pleas.
The court said that a minor girl aged above 15 years who has not attained marriageable
THE COURT WAS HEARING A PROTECTION PLEA FROM A 19-YEAR-OLD YOUTH AND A 15-YEAR-OLD GIRL WHO WANTED TO STAY AS LIVE-IN PARTNERS TILL THEY ARE OF MARRIAGEABLE AGE
age of 18 years may solemnise marriage with a person of her choice but such marriage cannot be legally enforced to allow consummation and custody too cannot be given to her husband.
The minor girl is also not entitled to reside with a person of her choice in live-in-relationship in the nature of marriage and nor a minor girl can give consent to any person of her choice for her removal from lawful guardianship of parents, the court said, adding that sexual relationship with her for the consummation of marriage or live-in relationship and her consent for the same is immaterial. The court in the case has interpreted various laws with respect to marriage, crime against women and guardianship etc.
The court further said that the fundamental right to protection of life and liberty of a minor girl does not extend to she residing with her husband or a person of her choice in live-in-relationship. Her life and liberty have to be protected by sending her to child care institution or she remains with her parents, the court added.
In the case in hand, the girl has been sent to a child care home till attaining of majority but her family and boy’s family have been allowed to meet her, if she wishes to. The court has issued a slew of directions to Punjab, Haryana and UT to take steps for the welfare of such girls.