Freedom from parental detainment and legal provision of live in relationship

[T Anggo]

In the subject case a unmarried girl a/a 27 years fell in love with a married man. The fact of their affair came to the knowledge of her parents and they forcefully detained her into the house with no communication from rest of the world, against her will and also forcing her to get marry without her will.the wife of the man is not ready to divorce him primarily as she does not want him to mary har and lead a happy life.
Qns is is there some remedy against such detainment by the parents of the girl and can the girl be called to some judicial forum to register her free will. Secondly, as per the latest judgement of supreme court is it legal to remain in live in relationship without divorcing wider by the man.

[Dr. Ashok Dhamija]

If the girl is adult (as you mentioned, she is 27 years of age), she cannot be forcibly detained even by her parents. Likewise, she cannot be forced by her parents to marry a particular individual against her will. She can approach the courts in this regard by filing a writ petition; she can do so through some friend etc. acting on her behalf.

The girl, if she is major, can have a live-in relationship with an adult boy, as held by the Supreme Court. It is permissible under law.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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