Embarking on the journey of Love Marriage comes with its challenges, especially in a world still shedding the remnants of paradoxical cultural norms. The shackles of taboos and prejudices surrounding love-marriage are gradually loosening. In essence, marriage is a sacred lifelong commitment that two consenting individuals, a man at 21 and a woman at 18, should be able to enter freely. The freedom to choose a life partner is not just a desire; it is intrinsic to individuality and a fundamental right to life and liberty, as enshrined in the Constitution.
As societies move towards progress, certain conservative factions seem to omit the term ‘volition’ from their dictionaries. They uphold regressive traditional norms that demand unwavering obedience, where blind adherence to elders’ commands is virtuous, and individualism is considered a vice. Choosing to marry by personal preference often invites social stigma and boycott, while the horrifying killings of runaway couples are glorified as matters of tribe-pride.
To counteract this societal ill, the Law Commission, in its 242nd report submitted on August 22, 2012, delved into the issue of ‘honour killings.’ It questioned whether these crimes should be handled differently in court trials through amended legal provisions and if the death penalty was a justifiable recourse. This discussion stemmed from a Supreme Court ruling in Bhagwan Dass Versus State (NCT) of Delhi-AIR 2011 (SC) 1863, categorizing ‘honour killings’ as rarest of rare cases, warranting capital punishment. The Law Commission suggested a new legal framework to prevent interference with the freedom of matrimonial alliances, specifically targeting opposition to inter-caste and gotra marriages.
For runaway couples seeking legal protection for their love interests, two significant legal recourses are available:
Individuals Above 18 Have the Right to Live Together:
Two consenting individuals above 18 years of age have the legal right to live together. Any coercive action to separate them, be it by police officials or family members, is a violation of their rights. The couple can explore legal remedies, such as seeking protection and directives from the High Court.
The Supreme Court, in various cases like Civil Writ Petition No. – 33919 of 2013 in Deepika And Another Vs. State Of U.P. And 3 Others, has emphasized that if the petitioners are of legal age, they have an unfettered right to choose with whom they want to live. The police are obligated to respect this right, and any harassment faced by a major couple living together voluntarily goes against the judgment of the Supreme Court.
Right to Get Married and Register the Marriage:
A runaway couple, where the man is above 21 and the woman is above 18, has the right to get married, even against parental opposition. Surprisingly, parental consent is not mandatory for love marriage registration. The marriage can be witnessed by friends or members of the general public.
Seeking legal advice becomes crucial for runaway couples, as instances have occurred where emotionally manipulated couples returning home face retaliation. A good lawyer can guide them on the right legal recourse to ensure their security and protect their love interest.
In conclusion, while love marriage is a celebration of personal choice, legal protection becomes a shield for runaway couples navigating societal complexities. Understanding these legal recourses is vital for ensuring a secure and harmonious future for couples choosing love over societal norms.
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