‘Attained age to choose her life partner’: Gujarat HC dismisses habeas corpus writ filed by woman’s father
The Gujarat High Court dismissed a habeas corpus petition filed by a father, observing that his 18-year-old daughter had voluntarily married and was legally entitled to choose her life partner.
Stating that a woman who had turned 18 had “attained the age to choose a person of her choice as a life partner”, the Gujarat High Court (HC) on Thursday dismissed a habeas corpus writ filed by an Ahmedabad-based man, contending that his daughter had been held in illegal confinement by a man, who the daughter “married” despite “disapproval from the family.”
A Division Bench of Justice NS Sanjay Gowda and Justice DM Vyas, in an oral order on Thursday, noted that the police had “secured” the corpus – the daughter of the petitioner and produced her before the court, where she submitted that she had married the man out of her will.
The order of the court, made available on Friday, states, “(The corpus) informed us that she has indeed got married… and this marriage was a voluntary act. According to her, there was no compulsion of any kind. The father and mother are also present. The father does not dispute that the marriage has occurred, in fact, he has produced the Certificate of Registration of Marriage as Annexure ‘C’ to the writ petition…”
The court further stated that having interacted with the petitioner and his wife, as well as the corpus– their daughter– it was evident that they were “unable to reconcile their differences and forgive their daughter” while the daughter was “insistent that she got married of her own volition as soon as she turned 18”, and wants to live with her husband.
Dismissing the petition of the father, the court order states, “…it is true that (the corpus) is more than 18 years of age and it is obvious that she has attained the age to choose a person of her choice as a life partner and live a married life. Hence, the writ petition cannot be entertained and the same is dismissed.”
The court order also noted that the man, who the corpus has married “voluntarily stated” that he would file an undertaking in the court to allay the apprehension of his in-laws, which “would reflect that he will take care of (the corpus) and ensure that all her needs are met.”
The court order states, “He has assured us that he will not give (the corpus) any cause for complaint and he is also aware of the fact that, if he breaches his undertaking, he will be responsible for the consequences. Accordingly, the said writ petition stands closed.”
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
