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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Prakash Gupta, Uma Shanker Vyas, JJ.
Naveen Kumar - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Habeas Corpus Petition No. 335 of 2021
Decided On : 29-11-2021
HABEAS CORPUS - DETENUE'S WISHES - The court emphasized the autonomy of a major individual in deciding their residence, ruling that the alleged detenue, being of legal age, has the right to choose to live with her husband, thereby dismissing the habeas corpus petition in favor of her expressed wishes.
Fact of the Case:
The alleged detenue S. was produced before the court by police personnel, where her identity was confirmed and her statement recorded regarding her desire to reside with her husband.
Finding of the Court:
The court found that S. is a major and has the legal right to make her own decisions regarding her residence, thus honoring her wishes to live with her husband.
Issues: Whether the alleged detenue, being a major, has the right to choose her place of residence against any claims of unlawful detention.
Ratio Decidendi: The court held that a major individual has the autonomy to decide where to live, and this right must be respected, leading to the conclusion that the habeas corpus petition should be disposed of in favor of the alleged detenue's wishes.
Result: The habeas corpus petition was disposed of, allowing the alleged detenue S. to go free and reside with her husband.
JUDGMENT
1. Today alleged detenue S. has been produced before this Court by the police personnel. Her signatures have also been obtained on Court’s order sheet and she has been identified by the police personnel, who produced her before this Court.
2. Registrar (Judl.) of this Court was directed to record the statement of alleged detenue S. Pursuant thereto, he recorded the statement of alleged detenue S. and sent her statement in a sealed cover to this Court alongwith the file. The sealed envelop was opened. Her statement is taken on record.
3. In her statement, alleged detenue S. submits that she is 20 years of age and wants to reside with her husband Naveen.
4. Heard learned counsel for the parties and perused the relevant material on record.
5. It is an admitted fact that alleged detenue Smt. S. is major.
6. Alleged detenue S. being major and honouring her wishes, she is free to go wherever she wants to go and reside with whom she wants to reside.
7. The habeas corpus petition stands disposed of accordingly.
8. A copy of this order, under the seal and signature of the Assistant Registrar/Court Master, be handed over to the police personnel, who have produced the alleged detenue S. before this Court.
A major individual has the right to choose their residence, and such wishes must be respected by the court.
An adult's autonomy and right to choose their residence are paramount, and they cannot be detained against their will if they are of legal age.
A major individual has the right to make personal choices regarding marriage and living arrangements without being subject to claims of unlawful detention.
The wishes of an individual who has reached the age of majority are paramount in determining the legality of their detention and residence.
The court reaffirmed that an adult woman's autonomy and right to personal liberty must be upheld, regardless of familial pressures.
The Court upheld the principle of individual autonomy and personal liberty, emphasizing that an adult cannot be compelled to return to a guardian against their will.
Detention order – Detentue intends to live with her husband, who is the 6th respondent herein. That being the position, the question of issuing a writ as sought for by the writ petitioner would not a....
Detenue had told that she is now voluntarily residing with her parents and that she wants to continue her studies and that she doesn’t want to go with petitioner.
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