Single-Judge Justice Nandita Dubey said the Constitution gives a right to every citizen of this country, who has attained majority, to live her or his life as per her or his own wishes.
“No moral policing can be allowed in such matters where the two major persons are willing to stay together whether by way of marriage or in a live-in relationship, when the party to that arrangement is doing it willingly and not forced into it,” the Court observed.
Since in the instant case, the woman who had attained 18 years of age, expressed her willingness to live with her husband, the Court turned down the argument of the State that the marriage was in violation of Madhya Pradesh Freedom of Religion (MPFR) Act 2021 and the woman should, therefore, be sent to Nari Niketan.
The Court was adjudicating a Habeas Corpus petition moved by one Guljar Khan, praying the Court to order the release of his wife, who has been forcibly taken to Banaras by her parents and was illegally detained there.
It was the case of the petitioner-husband that he had married his wife with her consent after she had willingly converted to Islam.