Habeas Corpus not a tool to Reclaim Wife: HC upholds 19 year old’s choice to leave marriage, Live with Partner uinder ‘Shourya Didi’ safeguards

Recently, a courtroom confrontation over custody turned into a firm reaffirmation of individual choice when the Madhya Pradesh High Court allowed a 19-year-old married woman to walk away from her matrimonial ties and live with a man she chose. Rejecting the husband’s allegation of illegal confinement, the Court gave primacy to the woman’s clear and voluntary statement, bringing into sharp focus a crucial question: can marriage override an adult woman’s freedom to decide where and with whom she lives?

The case arose from a habeas corpus petition filed by the husband, who claimed that his wife had been wrongfully detained by another man. However, when produced before the court, the woman firmly stated that she had voluntarily left her matrimonial home due to alleged mistreatment and had no intention of returning either to her husband or her parents. She expressed her desire to continue living with the man she had chosen, asserting that he provided her with the independence she sought. The man, in turn, acknowledged his relationship with her and assured the court of his intention to marry her after lawful dissolution of her existing marriage, undertaking not to cause her any harm.

The Division Bench of Justice Anand Pathak and Justice Pushpendra Yadav placed decisive weight on the woman’s autonomy, observing that she was a major acting out of her own free will. Emphasising that habeas corpus cannot be used to override personal choice, the court noted that the petition had effectively “outlived its purpose” once it became clear that no illegal detention existed.

While allowing her to live independently with the person of her choice, the court introduced a protective layer by placing her under the “Shourya Didi” framework, an institutional support mechanism evolved in Harchand Gurjar vs State of MP (2024), for a period of six months to ensure her safety and well-being.

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