VIVEK CHAUDHARY
Safiya Sultana Thru. Husband Abhishek Kumar Pandey – Appellant
Versus
State Of U. P. Thru. Secy. Home, Lko. – Respondent
JUDGMENT :
1. The present Habeas Corpus Petition is filed by Petitioner no.1-wife through Petitioner no.2-husband, claiming that detenue-Petitioner no.1, Smt. Safia Sultana, who after converting to Hindu religion and renamed as Smt. Simran, married Petitioner no.2 as per Hindu rituals. However respondent No.4, her father, is not permitting her to live with her husband. They both are adults, duly married with their free will and desire to live together. Thus the custody of the detenue by her father is illegal. The Court directed for the presence of the detenue and her father. They both appeared in person, wherein, the Petitioner no.1 accepted the averments aforesaid and had shown her desire to live with her husband. The Respondent no.4-father of the detenue also fairly accepted that since she is an adult, has married with her choice and wanted to live with her husband, he also accepts her decision and wished both of them best for their future.
2. This matter could have come to an end at this stage, but, for the views expressed by the young couple while interacting with the Court on their personal appearance, the young couple expressed that they could have solemnized their marriage und
Ashok Gupta vs. State of U.P. reported in (1997) 5 SCC 201
A. K. Gopalan vs. State of Madras
Asha Ranjan vs. State of Bihar
Arumugam Servai vs. State of Tamil Nadu
Bhagwan Dass vs. State (NCT of Delhi)
Common Cause (A Regd. Society) vs. Union of India reported in (2018) 5 SCC 1
Chintapalli Achaiah vs. P. Gopala Krishna Reddy [AIR 1966 AP 51]
Gobind vs. State of Madhya Pradesh
Githa Hariharan vs. Reserve Bank of India
Habeas Corpus Petition Shafin Jahan vs. Asokan K.M. and Others
H.H. Shri Swamiji Shri Admar Mutt Etc, vs. The Commissioner
Justice K.S. Puttaswamy vs. Union of India reported in (2017) 10 SCC 1
K. S. Puttaswamy vs. Union of India (2015) 8 SCC 735
Kharak Singh vs. State of Uttar Pradesh reported in AIR 1963 SC 1295
Kashmir Singh vs. Union of India
Lata Singh Vs. State of U.P. and another
Lakshmi Kant Pandey vs. Union of India reported in (1984) 2 SCC 244
M.P. Sharma vs. Satish Chandra reported in AIR 1954 SC 300
Maneka Gandhi vs. Union of India
Narottam Kishore Dev Verma vs. Union of India [AIR 1964 SC 1590]
Navtej Singh Johar and others vs. Union of India
People’s Union for Civil Liberties vs. Union of India reported in (1997) 1 SCC 301 (“PUCL”)
Ram Jethmalani vs. Union of India reported in (2011) 8 SCC 1: (2011) 3 SCC (Cri) 310
R. Rajagopal vs. State of Tamil Nadu
Rustom Cavasji Cooper vs. Union of India reported in (1970) 1 SCC 248
Shafin Jahan Vs. Asokan K.M. and others
Shakti Vahini vs. Union of India and others
Satwant Singh Sawhney vs. D. Ramaratham reported in (1967) 3 SCR 525
State of Madhya Pradesh vs. Bhopal Sugar Industries [AIR 1964 SC 1179]
Satyawati Sharma vs. Union of India
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