The Allahabad High Court while hearing a petition said that a women who is a major has right to live her life as per her own terms and free to move as per her own choice without any restrictions.
“As the corpus has attained the age of majority and she has a choice to live her life on her own terms and she has expressed that she wants to live with her husband Salman @ Karan she is free to move as per her own choice without any restriction or hindrance being created by third party.”
The above direction has passed by the Division Bench comprised of Justice Pankaj Naqvi and Justice Vivek Agarwal while hearing a habeas corpus plea filed by the petitioner Salman @ Karan, he submitted before the court that his wife (Shikha) had been sent to her parents by the Child Welfare Committee against the wish of his wife.
The petitioner has produced the case diary in which certificate issued by Head Master, Higher Primary Education, Etah is enclosed in which it is clearly mentioned that her date of birth is 04.10.1999. Therefore, requirement of Section 94 of the Juvenile Justice Act, 2015 in regard to presumption and determination of age are fulfilled.
The court has interacted with the corpus who submits that his wife is a major, her date of birth is 04.10.1999, she has attained the age of majority and has entered into a wedlock.
Considering the facts, the court has allowed the present plea and also quashed the FIR registered under Sections 366 I.P.C. in Police Station- Kotwali Dehat, District Etah. The court has also directed the I.O. that he will ensure that appropriate protection is granted to the corpus and her husband till they return to their residence and the S.S.P, Prayagraj to provide necessary police security for safe passage of the couple.
Case details:
Case :- HABEAS CORPUS WRIT PETITION No. - 745 of2020
Petitioner :- Smt. Shikha (Corpus) And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Manoj Kumar Tiwari
Counsel for Respondent :- G.A.Bench: Justice Pankaj Naqvi and Justice Vivek Agarwal
Read Order@LatestLaws.com
Share this Document :Picture Source :
