Pregnant 18 Year Old Rival Marriage Claims Free To Live Own Terms
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Justices G S Ahluwalia and Deepak Khot were hearing a habeas corpus petition filed by a man who claimed that he had married the woman in March after performing religious rituals and that she was being illegally confined by her father. “Therefore, considering the fact that the corpus (woman) is a major, this petition is disposed of with the direction that the corpus is free to live as per her own wishes. However, if she lives with the petitioner, then it will not, in any case, legalise her relationship with
Justices G S Ahluwalia and Deepak Khot were hearing a habeas corpus petition filed by a man who claimed that he had married the woman in March after performing religious rituals and that she was being illegally confined by her father.
“Therefore, considering the fact that the corpus (woman) is a major, this petition is disposed of with the direction that the corpus is free to live as per her own wishes. However, if she lives with the petitioner, then it will not, in any case, legalise her relationship with the petitioner as marriage, unless it is so declared by the competent Court,” the June 8 order read.
After interacting with the woman in person, the high court noted that she had expressed her willingness to live with the petitioner.
The bench also recorded that the woman was a major, her date of birth being January 1, 2008.
The court accordingly allowed the intervention application filed by the second claimant but ultimately held that, being an adult, the woman was free to decide where and with whom she wished to reside.
Advocate Archit Sharma appeared for the petitioner, while Government Advocate Dharmendra Nayak represented the state.
In an unrelated case, the Madhya Pradesh High Court previously allowed a married woman who alleged ill-treatment by her husband to live with her partner of choice, holding that as an adult, she is free to decide her life, while directing support through ‘shourya didis’ to ensure her well-being.
Justices Anand Pathak and Pushpendra Yadav, on April 23, were hearing a habeas corpus petition filed by the husband, who alleged that his wife was held in illegal confinement by another man and sought her custody.
On the issue of dissolution of marriage, the high court, however, observed that only after obtaining a decree of divorce by mutual consent can the woman legally enter into wedlock with the said man.
The Madhya Pradesh High Court also directed the government advocate and a woman constable to act as “shourya didis” for the woman for the next six months and pointed out that ‘shourya didis’ will take care of the woman and will be in regular touch with her and enquire about her well-being.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More