The Gujarat High Court recently ruled that a woman is free to make her own decisions, emphasizing her autonomy. This decision came in response to a habeas corpus petition filed by her live-in partner, who sought her custody after she was allegedly taken away by her husband and confined to her parents’ home.
The petitioner claimed to be in a live-in relationship with the woman, who was married to another man. Due to marital discord, she was living with her parents before entering into a live-in agreement with the petitioner.
The petitioner further alleged that the woman’s parents and husband forcibly took her away, leading to an FIR being filed at Khambha Police Station in Amreli.
A bench of Justices Biren Vaishnav and Pranav Trivedi heard the case and stated, “We have ascertained the wishes of Harshaba. She has expressed her desire to be with the petitioner. As recorded in the order, being a major, she is free to choose her own course as she deems fit.”
The bench concluded, “Having ascertained Harshaba’s wishes, she is free to go wherever she desires. The petition is accordingly disposed of.”
Case Title:
Sarvaiya Rajubhai Bachubhai Versus State Of Gujarat & Ors.
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