Ahmedabad: In a recent case, the Gujarat High Court allowed a 19-year-old Hindu girl to live-in with her Muslim boyfriend, 20, is not yet ineligible for marriage.
While none of them are willing to change their religion, the only option left for them is Special Marriages Act.
According to Times of India, the decision was taken by a bench of Justice Akil Kureshi and Justice Biren Vaishnav who observed that:
“Our society puts considerable stress on the institution of marriage and its sanctity. Instances of live-in relationship are largely confined to metro cities and other urban centres. Despite this, we must recognize our legal limitation in forcing an adult person of sound mind to stay at a place she does not want. Correspondingly, we also must recognize that we do not have the power to prevent the girl who is 19 years of age and is of sound mind from exercising her choice and joining the petitioner (her boyfriend), if she so desires.”
As per the case details, the couple studied in school together and was in love since then.
The girl, a resident of a remote town, Dhanera in Ahmedabad was forcibly took away by her family in September.
The boy approached the High Court saying that his girlfriend was held hostage without her consent.
When Banaskantha police brought the girl before the court, she expressed her wish to marry the boy as soon as he turns 21.
The court asked the boy, who was in family’s readymade business to file an affidavit that he would marry the girl upon turning 21.