NEW DELHI: A lawfully wedded couple cannot be denied each other’s company which is the essence of marriage and the state cannot enter the private space of a wilfully married couple and separate them, the High Court said on Tuesday.
The order was passed by Justice Jasmeet Singh while dealing with a petition by a Muslim male and a Muslim minor girl who got married to each other as per religious customs in Bihar after eloping and now sought protection from the court as well as directions to ensure that nobody separates them from each other.
The court noted that under the Mohammedan Law, a girl who has attained the age of puberty could marry without the consent of her parents and has the right to reside with her husband even when she is less than 18 years of age and thus directed that the authorities concerned to ensure the protection of the married couple which is entitled to stay together and was expecting a child.
The court added that the state entering the private space of the couple would be tantamount to the encroachment of their personal space and the aim of the state should be to protect the best interest of the female petitioner who was 15 years of age at the time of marriage and was stated to be regularly beaten by her parents at home.
The court noted that the case was not one of exploitation but a case where the petitioners were in love, got married according to the Muslim laws, and thereafter, had physical relationships.