A major individual has the autonomy to choose their partner and cannot be deemed in illegal confinement if residing with family voluntarily.

ORDER :

1) The petitioner has invoked the writ jurisdiction of this Court seeking a direction upon respondents No.1 to 3 for production of corpus, namely, Mst. Iqra, with whom he is stated to have solemnized the marriage.

2) In the petition, it has been alleged by the petitioner that his wife, Mst. Iqra, is under illegal confinement and that the official respondents are unable to recover her.

3) Vide order dated 31.12.2024, respondent No.4, the father of the girl, namely, Mst. Iqra, was directed to produce her before this Court. The official respondents were directed to ensure that the order is complied by respondent No.4 and the girl is produced before this Court for recording her statement.

4) Pursuant to the aforesaid order, respondent No.4 appeared in person on 04.02.2025 and he also brought with him the girl, namely, Mst. Iqra. The matter was adjourned to 12.02.2025 and in the meanwhile, respondent No.4 was given liberty to file his reply to the writ petition.

5) Today both respondent No.4 as well as the girl, namely, Mst. Iqra, have appeared physically before this Court and their statements have been recorded. Mst. Iqra, who has disclosed her age as 32 years, has stated that she has entered into wedlock with the petitioner out of her own will, volition and without any coercion. She has further stated that she intends to join the company of her husband only after undergoing proper marriage ceremony and at present she intends to be in the company of her parents till the formal marriage ceremony is solemnized. She has stated that has not been forcibly detained by her father/respondent No.4 and that she is residing with him out of her own will and volition.

6) Respondent No.4, Ghulam Nabi Bindroo, has, in his statement, confirmed that his daughter is major aged about 32 years. He has expressed his ignorance about solemnization of marriage by his daughter with the petitioner but has stated that he has no objection if his aforenamed daughter accompanies her husband. He has further stated that the marriage, if any, has not taken place with his consent.

7) From the aforesaid statements, particularly from the statement of the girl, Mst. Iqra, it is clear that she is a major person. It is also clear that she is residing with her father, respondent No.4 herein, out of her own will and volition though she has admitted having entered into wedlock with the petitioner. She has stated that she intends to join the company of the petitioner only after formal marriage ceremony is solemnized.

8) The girl, namely, Mst. Iqra, being a major person, is free to join the company of any person of her choice. Neither this Court nor respondent No.4 can force her to join the company of a particular person. It has been clearly stated by Mst. Iqra that she is residing with her father out of her own will and volition and that no force has been exerted on her by respondent No.4 in this regard. In the face of this submission of the girl, it cannot be stated that she is in illegal confinement of respondent No.4. Thus, no direction can be passed against respondent No.4 in these proceedings.

9) In view of the above, the writ petition is dismissed, leaving it open to the girl, Mst. Iqra, to join the company of any person of her choice.