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‘Free to take own decisions’: Bombay HC tells police to ensure safety of pregnant woman wishing to marry friend

The HC passed an order after the woman appeared before it in a habeas corpus (produce the person) plea filed by her father who claimed that she was missing since April.

bombay hcAs per HC direction, a three-month pregnant woman, who presently lives with her partner outside Maharashtra was produced before the judges in chambers earlier this month.

The Bombay High Court directed Mumbai Police to accompany a 31-year-old pregnant woman who left her home to marry her partner due to hostility and opposition, to the the place where she resides at present with him outside Maharashtra.

The HC passed an order after the woman appeared before it in a habeas corpus (produce the person) plea filed by her father who claimed that she was missing since April.

The father also registered a missing complaint in Mumbai and had expressed a suspicion about a certain person and raised apprehension about the daughter’s safety.

“She is an adult. She is free to take her own decisions. In this situation, nothing further survives in this Petition. However considering the hostility between the parties, some protection needs to be given to her so that she can reach to the place where she is staying at present with her friend,” a division bench of Justices Sarang V Kotwal and Shyam C Chandark noted in its order.

As per HC direction, a three-month pregnant woman, who presently lives with her partner outside Maharashtra was produced before the judges in chambers earlier this month.

The bench noted the woman gave “clear answers about her current situation” that she is “genuinely employed” and desired to marry her friend, but her parental family, which was “fully aware of her intention”, created hurdles in getting her married with him.

The court noted that while the petitioner father himself was permitted to enter the judge’s chambers and have an interaction with his daughter, both of them “did not speak with each other though they looked at each other”.

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After considering the submissions and the “situation”, the court directed Mumbai Police to accompany the woman to her present residence outside Maharashtra and provide all the security to her and she was free to take further steps to get security in the local area where she is residing and her lawyer shall guide her in that regard.

The court, while disposing of the plea, also asked Mumbai Police to interact with the local police station concerned outside Maharashtra and “shall ensure some protection for her in that area”.

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