Court Permits 19-Year-Old to Live with Partner of Choice; Introduces "Shourya Didi" for Support and Mentoring
In a significant judgment, the Madhya Pradesh High Court has allowed a young woman to live with a person of her choice after she expressed her unwillingness to stay with her husband or parents, citing ill-treatment. The court's decision came following a habeas corpus petition filed by the woman's husband alleging illegal confinement.
The bench, comprising Justices Anand Pathak and Pushpendra Yadav, heard the case where the woman, referred to as the "corpus," was produced in court. She affirmed her status as a major and stated unequivocally that she was not in illegal confinement by respondent No. 4, Anuj, and wished to live with him. The court noted the significant age difference and discord with her husband, who is 40, while she is 19.
After a counseling session conducted by Ms. Anjali Gyanani, Government Advocate, the woman reiterated her desire to live with Anuj. The court, respecting her autonomy and choice, allowed her to move in with him. To ensure her welfare, the court appointed Ms. Anjali Gyanani and Lady Constable Bhavna as "Shourya Didis" to mentor and support her for the next six months.
The court discussed the concept of "Shourya Didi," a system designed to provide mentoring and guidance to victims of sexual offenses and children in need of care, highlighting the need for societal and state support in such situations. This initiative aims to help victims reintegrate into society, encouraging them to pursue education or vocational training.
This judgment underscores the court's commitment to uphold individual rights and provide a supportive framework for those facing domestic challenges. The petition was accordingly disposed of, with the court mandating regular follow-ups by the appointed mentors to ensure the woman's well-being.
Bottom Line:
Habeas corpus petition - Wife not in illegal confinement - Expressed desire to live with another person citing ill-treatment by parents and husband - Court permits her to live with the person of her choice after counselling and appoints "Shourya Didi" to mentor her for six months.
Statutory provision(s): Article 226 of the Constitution of India
Abdhesh v. State of Madhya Pradesh, (Madhya Pradesh)(DB)(Gwalior) : Law Finder Doc id # 2878712
