Allahabad High Court: In a habeas corpus writ petition filed by the husband Sanjay Kumar Singh, J. has held that the choice of a life partner, the desire for personal intimacy and yearning to find love and fulfilment of human relationship between two consenting adults cannot be interfered with by any other person. Thus, as the wife is major, legally wedded wife of the petitioner and is willing to live with him, she is free to live with him.
It was submitted by the petitioners that both of them are majors, and have solemnized their marriage in a Temple, and thereafter they also got their marriage registered on 23.11.2021 before the concerned authority, and were living happily as husband and wife, but on 25.11.2021, the respondents, who are family members of the wife have forcefully taken her to her father’s house and since then she has been in the captivity of respondents.
The Court viewed that the corpus has filed a complaint against the respondents under Sections 452, 380, 504, 506, 323 of the Penal Code, 1860 (‘IPC’) and the husband has also filed a case under Section 9 of the Hindu Marriage Act, 1955 and the same are pending.
The Court further viewed that the corpus has lodged the First Information Report for offences under Sections 376, 328, 354-C IPC and Section 4 of Protection of Children from Sexual Offences (‘POCSO Act’) against her husband, under the pressure and threat of the respondents.
The Court held that the choice of a life partner, the desire for personal intimacy and yearning to find love and fulfilment of human relationship between two consenting adults cannot be interfered with by any other person. Thus, the wife was free to go with the husband.
[Sandeep Kumar v. State of UP, Habeas Corpus Writ Petition No. – 536 of 2022, decided on 14-10-2022]
Advocates who appeared in this case :
Counsel for Petitioner:- Advocate Bed Kant Mishra
Counsel for Respondent:- Government Advocate
