Court Upholds Woman's Right to Choose Life Partner, Directs Parents to Pursue Legal Remedies for Alleged Past Grievances
In a significant ruling, the Andhra Pradesh High Court dismissed a Habeas Corpus petition filed by the parents of a missing woman, Turlapati Nireekshana, who was allegedly taken away by a respondent but later found to have voluntarily married him. The Division Bench, comprising Justices Cheekati Manavendranath Roy and Tuhin Kumar Gedela, concluded that the woman, now a major, exercised her free will in marrying and residing with respondent No.7.
The petitioners, Nireekshana's parents, alleged that their daughter was missing since January 21, 2026, and was unlawfully confined by the respondent. They sought the court's intervention to produce her and ensure her liberty. Upon the court's directive, the police produced Nireekshana, who confirmed her date of birth as December 30, 2007, making her a legal adult. She categorically stated that she left her home voluntarily to marry the respondent, with whom she had already married twice in January 2026, due to the absence of initial marriage proof.
During the court proceedings, Nireekshana reiterated her intention to live with her husband, expressing no desire to return to her parents. The court recognized her autonomy as a major to make decisions regarding her life and dismissed the Habeas Corpus petition as not maintainable, citing her voluntary actions and decisions.
The petitioners raised concerns about an alleged unlawful pregnancy when Nireekshana was a minor, claiming inaction by the police despite filing a report. The court advised them to seek appropriate legal recourse as outlined by the Supreme Court in Sakiri Vasu v. State of Uttar Pradesh, 2008. However, it emphasized that such grievances could not justify the Habeas Corpus petition.
In conclusion, the court upheld the woman's right to choose her partner and emphasized the importance of pursuing legal remedies for past grievances through proper channels. The petition was dismissed with no order as to costs, and all pending interlocutory applications were closed.
Bottom Line:
Habeas Corpus petition filed by parents of a missing daughter, who was subsequently found and declared a major, dismissed by the Court as she voluntarily married and chose to live with respondent No.7, exercising her free will and volition.
Statutory provision(s): Article 226 of the Constitution of India
Turlapati Peddabbai v. State of Andhra Pradesh, (Andhra Pradesh)(DB) : Law Finder Doc id # 2866856
