In Brief
The Supreme Court set aside a Kerala High Court order directing that a major adult woman (Thushara), aged 19, be returned to her father's custody. Although her husband was below the marriageable age of 21 at the time of marriage, the Court held that this made the marriage voidable, not void. Critically, since Thushara was a major adult who had expressed her choice to remain with her husband, courts cannot assume parental authority over her under the guise of Habeas Corpus. The judgment emphasizes that an adult's constitutional right to freedom of choice and movement—protected under Articles 19 and 21—cannot be overridden by parental sentiment or social concerns."
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