"Two Consenting Adults' Yearning To Find Love Can't Be Interfered With By Anyone": Allahabad High Court Unites Husband-Wife

The Allahabad High Court has observed that the choice of a life partner, the desire for personal intimacy, and the yearning to find love and fulfillment in a human relationship between two consenting adults cannot be interfered with by any other person.

With this, the bench of Justice Sanjay Kumar Singh allowed a Habeas corpus plea filed by a husband after his wife/corpus submitted before the Court that she is willing to go with him and live her matrimonial life peacefully.

The petitioner (one Sandeep Kumar) had moved the instant plea seeking the appearance of his wife before the Court, who, he claimed, was in the illegal captivity of her family member. The Court issued a notice in the matter directing the family members of the girls to present her before the Court.

Soon thereafter, an FIR was lodged on July 22, 2022, against the petitioner/husband under Sections 376/3/354(C) IPC and Section 4 of the POCSO Act. While hearing the matter on September 13, the Court noted that it was evident that the FIR had been lodged after the passing of the order by the Court on July 18, 2022, directing the respondents to produce the corpus.

Now, on October 14, 2022, petitioner No. 1 (Sandeep Kumar) and petitioner No. 2/corpus (Sakshi Panchal) remained personally present before the Court and it was told to the Court that both the petitioners are major and they have solemnized their marriage in a Temple and have got their marriage registered in November 2021.

It was further informed to the Court that they were living their life happily as husband and wife, but in November 2021 itself, the family members of corpus/petitioner No. 2 forcefully took her to her father's house and since then she is in the captivity of respondent Nos. 4 to 10.

Taking into account the statements recorded by the corpus before the Court below as well as before the High Court, the Court noted that since the corpus is willing to go and live with petitioner No. 1, therefore, the Court allowed her to go with her husband by observing thus:

"The choice of a life partner, the desire for personal intimacy and yearning to find love and fulfillment of human relationship between two consenting adults cannot be interfered with by any other persons."

In view of the above, the writ petition was allowed. The corpus was allowed to go with petitioner No. 1 and further, the Registrar General was directed to refund the amount of Rs. 40,000/- which was deposited by petitioner No. 1 before pursuant to the order of the Court on July 18, 2022.

Case title - Sandeep Kumar And Another v. State Of U.P. And 9 Others [HABEAS CORPUS WRIT PETITION No. - 536 of 2022]

Case Citation: 2022 LiveLaw (AB) 472

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