The Allahabad High Court while uniting a Hindu wife with her Muslim Husband said that “she has a choice to live her life on her own terms”.
A Habeas Corpus plea was filed on 18 December by her husband which states that her wife had been sent to her parents against her wishes by the Nari Niketan and the Child Welfare Committee (CWC).
The Division Bench comprised of Justice Pankaj Naqvi and Vivek Agarwal after interacting with the woman said that she expressed that she is willing to live with her husband. The Court quashed the FIR registered against the man who allegedly abducted the woman.
The HC Bench states,
“She is free to move as per her own choice without any restriction or hindrance being created by the third party.”
The Bench also set aside the order of the chief judicial magistrate (CJM) which remanded the woman to the Nari Niketan while it also stated that the act of the trial court and the CWC, Etah, reflected a lack of appreciation of legal provisions. While Quashing the order the court observed that it was passed “without application of mind”.
The Court also said that the woman was an adult as per her date of birth October 4, 1999, and on December 16, the court asked police to produce the woman on December 18 so that the court can interact.
During the interaction, the woman told the court that she has attained the age of majority and expressed unequivocally her willingness to live with her husband who was Muslim.
In response to this the court states,
“As the corpus (woman) has attained the age of majority and she has a choice to live her life on her own terms and she has expressed that she wants to live with her husband, she is free to move as per her own choice without any restriction or hindrance being created by the third party.”
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