July 13, 2018:
On Thursday, Patna HC came to rescue of a Former Bihar District Judge’s daughter, who was allegedly detained by her parents for deciding to marry against their wishes.
Division Bench of HC headed by Chief Justice Rajendra Menon stated that,”No one had the right to curtail her freedom”.
Woman, who is in her early 20s and is Chanakya National Law University Graduate, wants to marry a Delhi-based Lawyer which was being opposed by her parents.
HC Bench expounded that,”She is a free citizen and no one, (not) even her parents have a right to curtail or withhold the freedom available to her under the Constitution”.
High Court had taken suo motu cognizance of a report on a web portal alleging that the woman had been illegally confined by her parents.
HC had on June 26, ordered that since the woman was not comfortable with her parents and did not want to stay with them, she be lodged at the guest house of her alma mater in the meantime.
Girl’s Father retired as District Judge of Khagaria on June 30.
Earlier, this week, he had issued a press statement accusing his daughter of bringing disrepute to his family and declaring that she was being disowned.
Patna High Court stated that, “Parents are in a state of panic. They are unable to reconcile or accept a situation in which their only daughter has been placed and by filing an interlocutory application…..have expressed certain apprehensions in the matter and want this court to enquire into the apprehension”.
Bench further added that,”We may indicate that if the parents feel any of their rights have been violated, this order will not curtail their rights in exercise of their legal remedy in any manner”.
High Court asked Senior Superintendent of Police, Patna, to give adequate protection to the woman.
The woman also submitted that her original educational testimonials” were with her maternal uncle who was not parting with the same at the instance of her parents. To this, the court directed her to approach the Patna SSP along with a copy of the order and an application giving particulars of the documents.