1. Petition under Article 226 of the Constitution of India seeking production of a spouse allegedly wrongfully confined by parents. (Para 2 )
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1998 Supreme(SC) 945
SUPREME COURT OF INDIA
M.K.Mukherjee : S.S.M.Quadri
Idrish Mohd.
Versus
Memam
Case No. : 919 of 1998
Date of Decision : 9/4/98
A person who has attained majority cannot be detained against their wishes. Once majority is established and the individual expresses a desire to leave, they must be released.
Headnote:(A) Constitution of India - Article 226 - Detention of a major - Right to liberty - A person who has attained majority cannot be kept detained against her wishes - If documents establish majority and the person is willing to leave the place of detention, she must be released. (Para 4)
Facts of the case:
The appellant, claiming to be the husband of the respondent, filed a petition seeking her production and handover, alleging she was wrongfully confined by her parents. The High Court had previously directed that the respondent be kept in a shelter home as it was not established that she was a major or unwilling to stay with her parents.
Findings of Court:
Based on documents filed, it was found that the respondent had attained majority and was willing to go with the appellant.
Issues: Whether a person who has attained majority can be legally detained in a shelter home against her wishes.
Ratio Decidendi: A person who has attained majority cannot be detained against her wishes, and upon proof of majority and willingness to leave, the detention must be terminated.
Result: Appeal allowed.
Legal Category Hierarchy
Table of Contents
2. Dispute over the majority status and willingness of the spouse to remain with parents versus accompanying the appellant. (Para 2 , 3 )
3. Evidence established that the individual had attained majority and was unwilling to remain in detention, expressing a desire to accompany the appellant. (Para 4 )
4. A person who has attained majority cannot be legally detained against their wishes. (Para 4 )
5. Appeal allowed; direction for the immediate release of the detained person from the shelter home. (Para 4 )
6. Can a person who has attained majority be detained against their wishes?
No, a person who has attained majority cannot be kept detained against their wishes. (Para 4 )
7. What is the legal effect of attaining majority on detention in a shelter home?
Once a person attains majority, they cannot be legally held in a shelter home against their will, and their preference regarding their company and residence must be respected. (Para 4 )
M.K.MUKHERJEE, J.
(1) NO one appears for the respondents even on second call. Leave granted. Heard the learned counsel for the appellant.
(2) CLAIMING himself to be the husband of Respondent 1 and alleging that she was wrongfully confined by her parents, the appellant filed an application under Article 226 of the Constitution of India in the High Court of Punjab and Haryana seeking directions for her production in court and handing her over to him.
(3) THE High Court observed that it was not established that she was a major and that she was not willing to go to her parents. Accordingly, the High Court directed that Respondent 1 be kept in Nari Niketan, Karnal till any order is passed by any court of competent jurisdiction regarding her custody.
(4) FROM the documents filed by the appellant before us, the genuineness of which has not been disputed by the State by filing any counter-affidavit, we find that she has attained majority by now. She cannot, therefore, be kept detained against her wishes. The impugned order of the High Court also indicates that she is willing to go only with the appellant. We accordingly allow this appeal and direct the authorities of Nari Niketan, Karnal to release Respondent 1 forthwith.
