SC allows 20-yr old woman to live with her parents

The Supreme Court on Thursday allowed a 20-year-old woman to live with her parents instead of her "husband", saying that being a major she was "free" to lead her life as per her wish.

A bench of Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud took the decision after interacting with the woman, who expressed her desire to go with her parents, who live in the Haldwani district of Uttarakhand.

However, it did not touch on the aspect of their marriage.

The top court disposed of a habeas corpus petition filed by 23-year-old Mohammad Danish seeking that his wife, who was forcibly kept in her parents' custody, be freed.

"After we made some queries, we find that she has a clear mind and intends to stay with her parents. In view of the aforesaid, the habeas corpus petition filed by the petitioner stands disposed of," the bench said.

During the hearing, the bench asked the woman whom she wanted to go with and what she wanted to be.

"You are a major and as per the law, you are free to lead your life as per your wish. You can go wherever you want to go. Now tell us with whom you want to live," the bench asked the woman.

The woman replied that she was a commerce graduate who wanted to be an entrepreneur and wished to go with her parents.

The parents of the woman, who accompanied her to the courtroom, said the petitioner had kidnapped her and a "fake" nikahnama (marriage contract) was executed by him.

Deputy Advocate General Manoj Gaurkella, appearing for the state government, told the court that the nikahnama and the marriage certificate were fake. He claimed it was a clear case of abduction.

The Uttarakhand Police had arrested the couple from Delhi after lodging an FIR alleging abduction, on a complaint filed by the woman's parents.

He claimed that the woman was Hindu and had converted to Islam for her marriage of her free will and has taken a different name.

His petition said both of them hailed from Haldwani district and were pursuing Bachelors in Business Administration in Bheemtal town where they fell in love.

He had claimed that her parents were opposed to their relationship and hence they got married in Ghaziabad as per Islamic rituals and customs.