Point of Law: Once a person becomes a major he or she can marry whosoever he/she likes. If parents of boy or girl do not approve of such inter-caste or inter-religious marriage maximum they can do is that they can cut off social relations with son or daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass person who undergoes such inter-caste or inter-religious marriage.

JUDGMENT :

Vikas Kunvar Srivastav, J.

1. The instant writ petition is filed for the issuance of writ, order or direction in the nature of Habeas Corpus thereby commanding the opposite parties no.1, 2 and 3 to produce the petitioner (detenue) before this Hon'ble Court and set free the petitioner with liberty to live with her husband namely Ram Mitra. It is further submitted that the life of the petitioner (detenue) as well as her child (foetus) which is growing in mother's womb is in danger in the house of opposite parties no.4 & 5 (the parents of detenue).

2. Pursuant to the order of the Court dated 22.10.2021, today Sri Awadesh Kumar Dwivedi, Sub Inspector of Police Station Motipur, District Bahraich authorized by opposite party no.3-Station House Officer, Police Station Motipur, District Bahraich produced the corpus, the alleged detenue, Smt. Suneeta before the Court.

3a. Learned counsel for the petitioner Sri Bhoopal Singh, Advocate and learned A.G.A. for the State Sri L.J. Maurya, Advocate are present in the Court.

3b. Learned counsel for the petitioner is present alongwith the alleged next friend of detenue, the husband of the alleged detenue namely Ram Mitra.

4. Heard the learned counsels. Perused the pleadings and annexures made evidences by the petitioner’s next friend.

5. On perusal of the petition, pleading is found to the effect that the marriage of the petitioner (detenue) was solemnized with Ram Mitra (next friend) on 02.11.2020 at Arya Samaj Mandir, copy of marriage certificate is placed as annexure no.1 in the writ petition. The annexure no.7 i.e. School Leaving Certificate discloses the date of birth of alleged detenue as 16.06.2003. Therefore, relying on the date of birth, the alleged detenue was 17 years’ old at the time of her marriage and by reason of her minority, she was neither in capacity of giving her consent for marriage nor her wish to go with the petitioner. The statement under Section 164 Cr.P.C. is also recorded on attaining the age of majority.

6. In the context of above facts and circumstances as revealed from the record and from the statement of the corpus-Smt. Suneeta, since she is adult, she has right to marry with a man of her choice and also to live with anyone of her choice, anywhere where she wants, therefore, her detention is not legal in view of the judgment of Hon'ble Apex Court in the case of Lata Singh Vs. State of U.P. and Others reported in [AIR 2006 SC 2522]. Hon'ble Apex Court in the case Lata Singh (supra) has held as under:

"................This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or interreligious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.

7. When the alleged detenue is produced before the Court in the presence of Ram Mitra, she stated that she is not legally wedded. She further informs that she unwillingly has conceived a child from Ram Mitra but the child born died. The detenue further in clear and explicit words stated her unwillingness to go with the alleged next friend to his house. She wants to reside with her parents in the parental house. Sh