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An adult woman can live with or marry whoever she wishes, says Delhi High Court

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New Delhi (ILNS): The Delhi High Court has said an adult woman is free to reside wherever she wants and with whoever she wishes. The court said this while providing relief to an adult woman who left her home to marry the man of her choice.

The Division Bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar passed the ruling in a habeas corpus petition wherein the family members of the woman were seeking her production before the court.

As per the facts of the case, a man named Babloo was identified as a suspect with whom she left her parents’ house.

The woman was tracked down by the police and was produced before the court through video-conferencing.

During the hearing, the court observed that she in her statements made under section 164 of the Criminal Procedure Code, admitted that she went with Babloo of her own free will and married him.  

Considering these facts, the court has allowed the woman to stay with her husband Babloo and emphasized: “We direct the police authorities to escort her to the residence of Babloo. The police authorities shall also counsel the petitioner and the parents of Sulekha not to take the law into their hands or threaten either the woman or Babloo. The mobile phone number of the Beat Constable of the police station where the concerned woman would reside with Babloo should be provided to both Sulekha and Babloo so that they may get in touch with police officials in case of need.”

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9 COMMENTS

  1. If a Hindu girl falls in love with a Muslim man, you call it ‘entrapment’ but a Muslim girl marrying a Hindu guy is not?? Why??
    And who told you that Muslims don’t ‘accept’ a Muslim girl marrying s Hindu guy? The reactions are the same old type of complete bias from the parents whether the girl is Hindu or Muslim, the parents are against inter faith weddings because of their own belief.

  2. Foolish comment. Why drag the govt here. Govt has never stated anything in this regard. It is completely legal for an adult to marry person of his or her choice. Here lies the catch. Muslim man marrying a hindu woman is ok but a Muslim woman marrying a hindu man is not accepted by muslims
    Rightly Certain states are framing a law to prevent entrapment of hindu girls where Muslim boys hide their identity and marry innocent girls .

    • If a Hindu girl falls in love with s Muslim man,bthag us ‘entrapment’ but a Muslim girl marrying a Hindu guy is not?? Why??
      And who told you that Muslims don’t ‘accept’ a Muslim girl marrying s Hindu guy? The reactions are the same old type of complete bias from the parents whether the girl is Hindu or Muslim, the parents are against inter faith weddings because of their own belief.

  3. Judgment of Hon’ble High Court is welcome. Now the parents of girls or boys are not only creating them and spent them to raise them by way of fulfilling their necessities, love, affection and emotions as well as providing them education to making them good citizens in the society. Sadly, after attaing them adults, the such decison(s) is/are casting away their parents with specific reference in matrimonial alliances. In this regards, It seems that these may be compelled to bend before their children (Love Projects) in future .

  4. Special marriage Act 1954 has given conditions for Marriage.The said Act is real reform in the society. Creating divisions in society under the coined term LOVE JIHAD would damage the social fabrics of India. The enactment would be against the spirit of Special marriage Act which does not talk of faitths .Interfaith marriages are not to be restricted through Law.

  5. The judiciary belatedly but surely has started to exert its independence by ruling against the official stands. Does it mean that Allahabad High Court and Delhi High Court are telling CJI that it is not necessary for judiciary not to question Government’s actions if they donot follow Constitu and the law.

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