In a writ petition for release, the court allowed a major daughter to live with her husband as she expressed willingness to do so free from coercion or pressure, despite parental opposition.
Respondent No.3 be set at liberty to go with the petitioner.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (Habeas Corpus) No. 17 of 2013
Varun Aggarwal
…………..Petitioner.
versus
State of Uttarakhand and others ……………...Respondents.
Present: Mr. Rajendra Singh, Advocate for the petitioner. Mr. S.K. Chaudhary, Additional Government Advocate for the State/respondent nos. 1 & 2.
Hon’ble Alok Singh, J. (Oral)
Respondent No.3 produced before this Court by Sub-Inspector Kedar Singh Chauhan and Lady Constable Sukhmeet Kaur of Police Station Bhagwanpur, District Haridwar, in compliance of order dated 19.07.2013, passed by this Court. Shaily, on being asked, stated that she is major, aged about 22 years; she (respondent no.3) did her graduation last year; she (respondent no.3) got married with the petitioner out of her own free will without there being any coercion or pressure. She further contends that she is willing to go with the petitioner, her husband and does not want to go to her parental house.
Mr. Varun Aggarwal, petitioner, duly identified by Mr. Rajendra Singh, learned counsel for the petitioner, is also present in person in this Court. On being asked, petitioner stated that he and respondent no.3 are husband and wife and he will keep respondent no.3 with him as wife and undertakes to provide full cooperation, protection, love, affection and maintenance.
Since respondent no.3 is major and she is willing to go and live with petitioner only, therefore, let respondent no.3 be set at liberty to go with the petitioner.
Petition stands disposed of, accordingly.
(Alok Singh, J.)
29.07.2013
Sanjay
1 issue framed by the court
Whether a major daughter can be set at liberty to live with her husband of her own free will without coercion.
Varun Aggarwal
State of Uttarakhand
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
