An adult's expressed desire to return to her spouse must be respected, affirming individual autonomy under Article 21.

ORDER :

(A.Y. KOGJE, J.)

1. Present petition is filed for following reliefs;

A. Your Lordships may be pleased to admit and allow this petition.

B. Your Lordships may be pleased to issue a writ of habeas corpus and/or any other writ, order or direction directing the concerned respondents to produce the corpus-girl viz. Kinjalben before this Hon’ble Court, and thereafter, further be pleased to pass appropriate and further orders handing over the custody of the corpus-girl viz. Kinjalben to the petitioner.

C. Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the concerned respondent to produce the corpus-girl viz. Kinjalben.

D. Your Lordships may be pleased to pass such other order as may be deemed just and proper in the circumstances of the case.

2. The petitioner who is the husband of the corpus- respondent no.13 has filed the present petition as though petitioner and corpus are legally married and the certificate is also placed on record at Annexure-A and residing together as husband and wife and under the guise of ill health of the parents, the corpus was taken by her parents under the promise of returning her for 2 days but, thereafter, she was not permitted to join the petitioner.

3. On the basis of the advance copy served upon the office of the Public Prosecutor, the corpus is brought before the court through the respondent no.3. Learned advocate Mr.N. R. Desai has institutions to appear on behalf of the respondent no.5- father of the corpus.

4. At the request of both the parties, the matter is taken up in the chamber to ascertain the wishes of the corpus. The corpus is a well educated individual, studied in 3^rd Year of B.A. with History subject and she is 21 years. The interview with the corpus in presence of the respective advocates would indicate that she is well conversant and aware of her own rights, she is well dispensed and also capable of taking her own decision.

5. The corpus has declared before the court that under the guard of ill health of parents, she taken from her matrimonial place with a promise to return her after 2 days but thereafter, she was not permitted to go back to the petitioner and she is apprehensive as the parents and other family members are emotionally trying to influence her.

6. She has declared before the court she is interested and inclined to go with the petitioner as she has accepted to be his legally wedded husband and both of them belong to the same community still for no reasons, the parents and other family members are objecting such relations.

7. The corpus having made a declaration before the court that she is inclined to go with the petitioner, being his legally wedded wife and the court having found the corpus capable of taking of her individual decision being major and well educated, the petition is required to be allowed to the aforesaid extent. The corpus is permitted to go along with the petitioner.

8. The petitioner to file an affidavit on or before 21^st March 2025 before this court to the extent that he shall take due and proper care of the corpus as his legally wedded wife not giving any occasion of any complain or harassment.

9. At this stage, learned advocate for the petitioner has raised an apprehension of law and order as many people are presumed to have gathered within the court premises to prevent the petitioner from taking the corpus along with him, therefore, learned APP may make necessary arrangement through the attending police officer, Aagthala Police Station to provide for safe passage of the petitioner and corpus to their destination.

Rule is made absolute.