New Delhi: A unique case has been filed by a Kerala boy in the Supreme Court. The boy, Nand Kumar, has sought permission from the court to live-in with a girl he loves as to live with one of his or her choice is one of the fundamental rights of a citizen guaranteed by the constitution.
The boy (20) has approached the court as such a permission was not granted by the Kerala High Court and the girl was sent home .
This order was given on a petition filed by her parents in which they had pleaded that the boy had secretly married their daughter in a temple and living with her though he is not 21 years of age and that the marriage by any one below this age is illegal under the Hindu Marriage Act.
The high court agreed with them and asked the girl to go back to her parents. The boy will cross the threshhold (21 years) in May next.
Unhappy with the decision, the boy decided to approach the highest court. His plea is that both he and the girl are above eighteen ( adults) and are willing to live together. Denial of permission for this is violation of the fundamental right . He is awaiting the court's verdict, living alone.
The case will be heard by a two-judge bench of the Supreme Court consisting of justice A K Sikri and justice Ashok Bhushan.
The parents had also filed a report in a police station saying that their daughter was missing since April 10.
According to them, the girl, named Tussera, had married the boy without their consent and living with him since then.
Legal experts find nothing wrong with her. She has attained the marriageable age ( 18 years) and can marry any one under the present law. But in case of the boy it is a different story. The apex court has to examine all these issues.