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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Tasleem - Appellant
Versus
Govt. of NCT Delhi & Anr. - Respondents
W.P.(Cr) 755 of 2024
Decided On : 05-04-2024
Habeas Corpus - Marriage and Consent - The court found that the daughter, who was the subject of the petition, had married of her own free will and expressed her desire to live with her husband. The court concluded that no further order was required as the daughter was a major and had the right to make her own decisions regarding her marriage and living arrangements. The court emphasized that the parents and relatives should not interfere with the daughter's matrimonial life.
Fact of the Case:
The daughter, subject of the petition, expressed her desire to live with her husband and stated that she had married of her own free will.
Finding of the Court:
The court found that no further order was required as the daughter was a major and had expressed her wish to stay with her husband.
Issues: The main issue was the daughter's freedom to make her own decisions regarding her marriage and living arrangements.
Ratio Decidendi: The court emphasized the importance of respecting the daughter's autonomy as a major and her right to make decisions about her matrimonial life.
Final Decision: The petition was disposed of, and the daughter was allowed to go with her husband, with a directive for the parents and relatives not to interfere with their matrimonial life.
JUDGMENT (Oral)
1. Present petition has been filed by the petitioner seeking following prayer:
"(a) Issue writ of Habeas Corpus or any other appropriate writ thereby directing the Respondent No. 1 to investigate into the matter, search and Produce Anam i.e. daughter of the Petitioner.
(b) Issue writ of Habeas Corpus or any other appropriate writ thereby directing the Respondent No. 2 to Produce Anam i.e. daughter of the Petitioner."
2. Pursuant to order dated 21.03.2024, daughter of the petitioner has been produced in Court.
3. We have interacted with her and her parents in open Court as well as in Chamber. She states that she has been living happily with her husband Mohd. Yasir with whom she got married on 04.02.2024 at Amroha, Uttar Pradesh. She further states that the marriage was solemnized on 04.02.2024 and was got registered on 14.02.2024 before the Registrar of Marriage at Amroha, Uttar Pradesh. She states that she does not want to go back to her parents and would like to continue to live with her husband.
4. Since daughter of the petitioner, who is present in Court, is, admittedly, major and has married as per her own wish and has reiterated before us that she wants to stay with her husband, therefore, no further order is required to be passed in the present petition. She is thus, at liberty, to go with her husband.
5. It is, however, made clear that the parents/relatives of the petitioner's daughter shall not indulge in any act resulting in any untoward incident and shall not create any hindrance in their matrimonial life.
6. Inspr. Uttam Kumar and SI Himanshu from Police Station Jafrabad, who are present in Court, shall ensure safe return of the daughter of the petitioner and escort her to her place of residence.
7. Petition is, accordingly, disposed of.
The autonomy and consent of a major individual in matters of marriage and living arrangements should be respected.
The court emphasized that the issue of custody in the context of matrimonial disputes should be addressed through the Family Court.
The court held that a married adult's decision to reside with her spouse does not constitute illegal detention.
The court prioritized the expressed wishes of the wife, who was of legal age, and emphasized the role of the police in ensuring the safety of the couple.
In habeas corpus for adult missing daughter, direct production before magistrate to record statement and ascertain her wishes.
A major individual has the right to make personal choices regarding marriage and living arrangements without being subject to claims of unlawful detention.
The court emphasized personal liberty and the individual's choice in residence, allowing a married woman to live with her spouse against parental concerns.
The expressed desire of the wife to reside with her husband and the absence of objection from her parents influenced the court's decision in allowing the habeas corpus petition.
Habeas corpus petitions must consider the age and marital status of the detainee, impacting the legality of their detention.
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