The Allahabad High Court has observed that a 21-year-old woman, married to a Muslim, “has the option to live her life on her own terms.” Now she has reunited with her husband.
In an order approved on December 18, a court of judges Pankaj Naqvi and Vivek Agarwal observed that since the woman, Shikha, has come of age and has expressed that she wants to live with her husband, Salman alias Karan, “ she is free to move according to her own choice without any restriction or impediment created by third parties ”.
The court was hearing a habeas corpus petition filed by Shikha, who was handed over by the Etah CJM to the Child Welfare Committee (CWC) on December 7. The committee then turned over his custody to his parents the next day. According to the court, this was done “without any application of the mind and against his wish”.
“The act of CJM, Etah, and that of CWC, Etah, reflects the lack of appreciation of the legal provisions,” the court said.
It noted that the woman was an adult since her date of birth was October 4, 1999 and the CJM court did not appreciate the fact that when a school certificate had been produced, then any other evidence becomes “secondary in nature and it should not be trusted ”. in”.
The woman’s husband had been booked for kidnapping at the Kotwali Dehat Police Station on 27 September. The court also annulled the FIR against him.
The order was passed after interacting with the woman, who stated that “she is older, her date of birth is 04.10.1999, she has reached the age of majority and has married.”
The court ordered the police to provide security for the couple until they reached their residence.
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