Woman Free to Marry – Protection Granted

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Adult woman free to marry man of her choice: HC

Mumbai: Bombay HC recently directed Vakola police to accompany a 31-year-old woman from a minority community, who left her home amid opposition to marry a friend of another faith, back to the place where she resides with him outside Maharash-tra. The woman appeared on Oct 10 before the court in a habeas corpus petition filed by her father. “She is an adult. She is free to take her own decisions,” said Justices Sarang Kotwal and Shyam Chandak.

The father’s plea stated that she went missing on April 18. He lodged a police complaint, naming a person he suspects. On Oct 3, his advocate expressed apprehension about his daughter’s safety Prosecutor Supriya Kak submitted a video of the woman obtained from police station in her current jurisdiction. With the father’s advocate claiming she could be giving the statement under pressure, the judges directed police to produce her before court.

The woman was interviewed in-chambers and asked whether she was under pressure or finding it dif ficult to express her difficulties. “She gave clear answers about her current situation,” the judges noted. She said

she is gainfully employed and residing with her friend outside Maharashtra. She genuinely wishes to marry him, but her parents were creating hurdles for the marriage. She also revealed she is three months pregnant.

After considering the situation, the judges concluded she is an adult and free to decide. “In this situation, nothing further survives in this petition,” they said. They allowed the father to interact with his daughter, noting that “both did not speak with each other though they looked at each other.”

PROTECTION GRANTED

Disposing of the petition, the judges said, “Considering the hostility between parties, some police protection needs to be given to her so that she can reach the place where she is staying at present with her friend.” They directed police, with assistance and cooperation from other staff, to accompany the woman to her current residence outside Maharashtra.

The high court added that she “is free to take further steps to get security in the local area where she is residing,” and her advocate “shall guide her in that behalf.”

For case specific advice, get in touch with Protection Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar State Commission

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