MANJARI NEHRU KAUL
X (7809) – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
1. Petitioner has approached this Court under Article 226 of the Constitution of India, seeking a writ in the nature of Habeas Courpus, directing the official respondents to release the detenue, his daughter, namely xxxxxx, forthwith from the illegal custody of respondent No. 6.
2. This Court while issuing notice of motion passed the following order:
Notice of motion.
On the asking of the Court, Mr. Manish Bansal, Public Prosecutor, Chandigarh, accepts notice on behalf of the official respondents and seeks time to file reply.
Let requisite copies of the complete paper book be supplied to the learned counsel for U.T. Chandigarh during the course of the day. Respondent No. 3-Senior Superintendent of Police, U.T. Chandigarh, is directed to ensure the presence of detenue, before the Court of learned Chief Judicial Magistrate, Chandigarh, on 14.08.2024, who would record her statement. The
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.
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