Thushara, when 19, married a man, not yet 21, at the Chakkulathukavu Bagavathi Temple. Her father filed a petition before the High Court of Kerala and was awarded her custody.
The Supreme Court recently called a submission ‘neat’: “The High Court has adopted an approach which is not permissible… Thushara is admittedly a major… she has the right to live wherever she wants to or move as per her choice.”
Thushara had the right to live together with her man, even if a Court thought they were not competent to wed.
“While setting aside the directions of the High Court… we make it clear that the freedom of choice would be of Thushara as to with whom she wants to live.”
Hon’ble Justice A.K. Sikri, Nandakumar v. The State of Kerala, [Criminal Appeal No. 597 of 2018].