Delhi High Court: The Division Bench of Vipin Sanghi and Rajnish Bhatnagar, JJ., addressed a petition wherein it was held that a girl who has attained the age of majority is free to reside with whosoever she wishes to.
The instant petition was preferred to seek a writ of Habeas Corpus for production of her sister Sulekha as she went missing on 12-09-2020.
The suspect is respondent 3 — Babloo.
Sulekha after being traced was produced before the Court.
As per the status report, Sulekha was a major on the date when she went missing. She stated that she went with Babloo on her own free will and is married to him.
The above-stated statement was recorded under Section 164 of Criminal Procedure Code, 1973.
In view of the above position, Bench held that
“Sulekha is free to reside wherever she wishes and with whosoever she wishes, she being a major.”
Court directed that Sulekha may be permitted to reside with respondent 3 — Babloo. Police authorities have been directed to escort her to the residence of Babloo and petitioners parents shall be counselled in order to not take the law into their hands or threaten Sulekha or Babloo.
The petition was disposed of in view of the above.[Parveen v. State (NCT of Delhi), 2020 SCC OnLine Del 1481, decided on 24-11-2020]
