'A Woman Is Free To Move As Per Her Wishes. We Cannot Curtail Her Freedom, Neither Can Her Parents': Bombay High In A Habeas Corpus Petition

A division bench of Justices SS Shinde and Manish Pitale made the oral observations while hearing a habeas corpus petition filed by a final year MBA student against his 23- year-old partner's parents. The couple had initially approached the police for help, but instead of helping them, the woman was handed over to her parents, the young lad said.

The court heard the woman who said she was in a relationship with the man for the past five years and wanted to spend the rest of her life with him. As soon as her parents learned of her relationship they broke and her phone, disallowing her to move out, she said. Justice Shinde then asked the prosecutor what the issue was. "She is talking about spending the her life..without marriage she's going sir…"

"She is a major and she can move as per her wishes. We cannot curtail her freedom, neither can the parents. In fact, she says she is in 'improper detention'." Justice Shinde observed. "Any person above the age of 18 move about without any restriction, that's the law."

The young couple was then asked to sit in the last row. A lady constable ensured the woman sat with her parents, away from her paramour.

The father was then called forward to make his point. He said that he was not happy with the relationship and didn't want the couple married. Justice Shinde and Justice Pitale then tried explaining him in Hindi. "We understand your intentions and wishes but she is a major. Tomorrow even if a judge [approaches the court] we will not be able to do anything [if the daughter is a major].

The court then disposed off the petition, observing that the woman was a major and directed police to provide the couple protection till their destination.