Court Directs State to Ensure Safety of Woman Choosing to Reside with Her Chosen Partner
In a landmark judgment delivered on April 18, 2026, the Delhi High Court, presided over by Justices Navin Chawla and Ravinder Dudeja, reinforced the autonomy and liberty of a major woman, Ms. Ruqyya, who expressed her unequivocal desire to reside with Mr. Ram Kripal, the petitioner in the case. The court ordered the State to ensure her safety and provide necessary assistance, highlighting her right to make decisions regarding her residence and marital choices.
The case, registered under W.P.(CRL) 1205 of 2026, involved a petition filed by Ram Kripal under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The petitioner sought a writ of Habeas Corpus to produce Ms. Ruqyya, who appeared in court and firmly expressed her intent to marry and reside with him.
Despite opposition from Ms. Ruqyya's father, the court acknowledged her legal status as a major and upheld her decision to live with the petitioner. The judgment emphasized the importance of respecting the autonomy of adults and their freedom to choose their partners and place of residence.
In consideration of the sensitive nature of the case and concerns raised by the petitioner, the court directed the State to provide an escort to ensure the safe transit of Ms. Ruqyya and Mr. Ram Kripal to their chosen place of residence. Additionally, the Beat Constable in the concerned area was instructed to share contact details with them for immediate assistance in case of emergencies.
The decision is a testament to the judiciary's commitment to upholding individual rights and freedoms, particularly in matters of personal choice and safety. The case highlights the application of the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023, which aims to safeguard citizens' rights in such situations.
Bottom line:-
Habeas Corpus - Major woman expressing her desire to reside with a person of her choice - Court upheld her right to do so, emphasizing her autonomy and liberty as an adult.
Statutory provision(s): Article 226 of the Constitution of India, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Ram Kripal v. State (NCT of Delhi), (Delhi)(DB) : Law Finder Doc id # 2893455
