In Brief
A 19-year-old major woman (Thushara) married a man below marriageable age and lived with him. Her father filed a Habeas Corpus petition seeking her custody, which the High Court granted after finding the marriage defective due to the husband's age. The Supreme Court allowed the appeal, holding that a major adult has fundamental constitutional rights to freedom of choice and autonomy in choosing a spouse and residence. The court cannot assume the role of super-guardian and override an adult's independent choice based on parental sentiment or social concerns. Marriage where one spouse is below marriageable age is voidable (not void), and major adults may legally live together regardless of marriage validity.
The lawyer headnote and full judgment text are available to registered users.