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2021 Supreme(Online)(All) 188

ALLAHABAD HIGH COURT
, J
Safiya Sultana and Another v. State of Uttar Pradesh and Others


Advocates:
For the Appellants/Petitioners: Sri Adarsh Kumar Maurya, Smt. Archana Singh
For the Respondents: Sri Surya Bhan Pandey, Sri Amresh Rai, Sri Santosh Kumar Mishra

Table of Content
1. habeas corpus petition filed regarding marital rights. (Para 1)
2. concerns over marriage notice publication invading privacy. (Para 2 , 3 , 4)
3. assistive role of state authorities in marital law interpretation. (Para 5 , 7 , 8 , 10 , 12)
4. recognition of personal liberty and privacy as fundamental rights. (Para 22 , 24 , 27)
5. interpreting marital law provisions in light of evolving social norms. (Para 34 , 40 , 41)
6. directive for optional notice publication in civil marriages. (Para 46 , 48 , 49)

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


































































































































































































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