The Allahabad High Court on Tuesday came to the rescue of a woman who alleged that she had been illegally detained by her own father and stated that she wanted to stay with her husband.
Justice J.J. Munir while setting the woman at liberty to go wherever she wanted, directed the Senior Superintendent of Police (SSP), Kanpur Nagar to provide requisite security to the couple and ensure that her married life was not interfered with, either by her father or anyone else acting at his behest.
"In case of any breach of this direction, the SSP Kanpur Nagar shall be personally answerable to the Court", said Justice Munir.
The Court was ruling on a habeas corpus plea filed by one Parul Sharma through her husband alleging illegal detention by her father.
Justice Munir also interacted with Parul during the hearing to ascertain about the claim that she had been in illegal confinement. In response to the questions posed by Justice Munir, Parul said she would like to go to her husband Shivam and not stay with her father. She also said her father and advocate Alok Dwivedi has been threatening her.
The Court had also directed an inquiry into the validity of the marriage certificate by the Chief Metropolitan Magistrate, Kanpur Nagar who in his report had concluded that the marriage certificate was genuine.
It also noted that the date of birth of the petitioner recorded in the marriage certificate was May 14, 2002. The Chief Metropolitan Magistrate had also recorded the fact that in the mark-sheet relating to the ICSE Board (class 10th examination) the date of birth of the petitioner, Parul Sharma recorded was January 15, 2002.
"Whichever way it has viewed, as on date, the marriage certificate relating to the petitioner, Parul Sharma and her husband Shivam has been found to be a valid and genuine document. Also, as matters stand on this day, Parul Sharma is a major, aged above 18 years", the Court said.
It was contended by the couple that they had married according to Hindu rites on January 16 at the Arya Samaj Mandir Bena Jhabar, Kanpur Nagar, of their free will. After the marriage, the couple had come to Allahabad to file a writ petition seeking civil protection in order to secure their liberty and freedom but at the photo identification centre of the High Court, the police had taken illegal custody of the petitioner, Parul Sharma, and handed her over to her father.
http://theleaflet.in/wp-content/uploads/2020/09/Allahabad-HC_Marriage_Habeas.pdf