Choice Of Life Partner, Desire For Personal Intimacy Between Two Consenting Adults Cannot Be Interfered With: Allahabad HC
The Allahabad High Court has observed that the choice of a life partner, desire for personal intimacy, yearning to find love and fulfilment of human relationship between consenting adults cannot be interfered with by other persons.
The bench of Justice Sanjay Kumar Singh observed thus "The choice of a life partner, the desire for personal intimacy and yearning to find love and fulfilment of human relationship between two consenting adults cannot be interfered with by any other persons."
Advocate Rajesh Singh appeared on behalf of the corpus/petitioner No. 2, whereas Advocate Laxmi Viswakarma appeared on behalf of the respondents. Advocate Bed Kant Mishra appeared for petitioner no.1.
The Court was dealing with a Habeas Corpus writ petition at the instance of one-Sandeep Kumar-Petitioner no.1 who is the alleged husband of the corpus. He had sought directions to produce the corpus before the Court, who was allegedly in the illegal captivity of the family members of the corpus.
She was produced pursuant to the order of the Court.
As per the supplementary affidavit filed by Bed Kant Mishra, counsel for petitioner, it was pointed out that petitioner Nos. 1 and 2 both are major and they have solemnized their marriage in Shiv Temple at Baghpat and thereafter they also got their marriage registered before the concerned authority at Ghaziabad and they were living their life happily as husband and wife.
It further stated that the family members of corpus/petitioner No. 2 have forcefully took her to her father's house and since then she is in the captivity of family members of the corpus.
It was pointed out that the corpus/petitioner No. 2 filed complaint against her family members under Sections 452, 380, 504, 506, 323 IPC.
The Court observed that she has stated that petitioner No. 1 is her husband and she is willing to go with him and to live her matrimonial life peacefully.
The Court noted "After the aforesaid statement of the victim before this Court, learned counsel for petitioner No. 2 and respondent Nos. 4 to 10 submit that since the corpus-petitioner No. 2 is willing to go and live with petitioner No. 1, they have no objection if the Court direct her to go with her husband-petitioner No. 1."
Accordingly, the Court allowed the petition while holding that corpus is free to go with petitioner No. 1.
Cause Title- Sandeep Kumar and Another v. State of U.P.