Adult individuals have the fundamental right to choose their spouse and live together, and the court will protect the autonomy of a major person to make independent life decisions regarding marriage.

05/Dated: 28.01.2026

1. This writ petition is under Article 226 of the Constitution of India seeking therein for the following reliefs: -

“For issuance of an appropriate Writ(s)/Order(s)/Direction(s) commanding upon the respondents to take all the essential and required steps to produce the respondent no.5 who is willing to marry and live with the petitioner but she is illegally confined and detained by the respondent no.6 & 7 and not allowed her to meet with the petitioner and to decide her will to make a decision about her life, in view of the fact that she is a major lady.

Further seeking an appropriate Writ(s)/Order(s)/Direction(s) commanding upon the respondents to take all the essential steps and arrangement to ensure the respondent no.5 will meet with the petitioner for taking decision about her life, in view of the facts that both the petitioner and respondent no.5 are major persons and they are free to take the decision about their marital life.”

2. We, after having heard the parties, have passed an order on 19^th January, 2026, the same is being referred as under: -

“1. The appearance has been made on behalf of the private respondents who are being represented by Mr. Binod Kumar Dubey, the learned counsel. Mr. Dubey, the learned counsel has sought for two weeks’ time to seek instruction and to file counter-affidavit.

2. The learned counsel for the private respondents and the learned counsel for the State shall file their counter-affidavit(s) within a week.

3. In the meanwhile, the Superintendent of Police, Chatra is directed to put all security to the respondent no.5, namely, Kumkum Kumari and it is made clear that if any casualty will happen to the respondent no.5 it will be the personal accountability of the Superintendent of Police, Chatra.

4. List this case on 27.1.2026.

5. Mr. Indranil Bhaduri, the learned State counsel has ensured this Court to communicate this order to the Superintendent of Police, Chatra forthwith to act upon the order of this court.

6. The Superintendent of Police, Chatra is directed to send a report to this Court, in a sealed cover, by the next date of hearing.

7. Although, Mr. Dubey, has made a statement after passing of the order that the girl is free and if it is found contrary to the report filed by the S.P., Chatra then parents of the girl will be held liable and the Court will pass further necessary order.”

3. The matter was listed on 27^th January, 2026 and the following order was passed: -

“1. As per the order dated 19.01.2026, the counter-affidavit has been filed. A copy thereof has already been supplied to the learned counsel appearing for the petitioner, and the same has been taken on record.

2. The report of the Superintendent of Police, Chatra, has been placed by Mr. Indranil Bhaduri, learned SC - IV appearing for the State of Jharkhand, in a sealed cover. Upon opening the sealed cover, it was found that two documents were contained therein, along with another two sealed covers. The said two sealed covers were also opened.

3. The statements of the girl, her father, and her mother were found inside the sealed covers, all dated 19.01.2026.

4. We have given the copies of the report to Mr. Binod Kumar Dubey, learned counsel, also in the Court itself to go through the contents thereof, and the copies of the report have purposely been given so that Mr. Dubey, learned counsel, may not have any grievance that the contents o