The Gujarat High Court recently ruled that an adult woman is free to choose her own course of action, dismissing a habeas corpus petition filed by her live-in partner. The petition sought the woman’s custody after her husband and family allegedly took her away and confined her at her parental home.
The petitioner claimed to be in a live-in relationship with the woman, who was already married to someone else. Due to marital issues, she had been staying with her parents and later entered into a live-in relationship with the petitioner.
The petitioner further alleged that the woman’s parents and husband forcibly took her away, leading to the filing of an FIR at Khambha Police Station, Amreli.
The bench, consisting of Justices Biren Vaishnav and Pranav Trivedi, investigated the matter and determined the woman’s wishes. She expressed her desire to remain with the petitioner. The court concluded that, as an adult, the woman has the right to make her own decisions about her life.
The court stated, “Having ascertained the wishes of Harshaba, she is free to go wherever she desires.” The petition was dismissed accordingly.
Case Title: Sarvaiya Rajubhai Bachubhai Versus State of Gujarat & Ors.
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