In CRWP No. 6289 of 2022- PUNJ HC – Detenue is adult, has right to live at place and with person of her choice; no one has any right or business to interfere in her personal life: P&H HC in petition by detenue’s husband seeking her release from parents’ confinement – Justice Anoop Chitkara [29-06-2022]

Read Order: Ankit v. State of Haryana and Others

Monika Rahar

Chandigarh, June 30, 2022: The Single Judge Bench of Justice Anoop Chitkara for the High Court of Punjab and Haryana, while dealing with a petition by the husband of a 23-year-old detenue against her alleged confinement by her parents, has held that the woman is an adult and she has a right to live at a place and with the person of her choice and none including the State has any right or business to interfere in her personal life.

Justice Chitkara directed the concerned Judicial Magistrate to examine if the woman was being confined by her parents in their home against her wishes or if she was living there out of her own will.

Here, the Court was approached by the petitioner seeking the release of his wife (the detenue) who was allegedly detained by her parents by confining her in their home.

Essentially, the case of the petitioner was that he solemnized his marriage with the said detenue on May 27, 2022, and he came up before the Court, in his capacity as the husband of the detenue, on the grounds that after his marriage his wife Sapna was detained by her parents.

In light of the above-stated factual position, Justice Chitkara directed the respondent- authorities to depute police officials including at least one female police official, for the purpose of securing the presence of the detenue Sapna, aged 23 years, from the confinement of her parent’s home and to produce her before the nearest Judicial Magistrate preferably a female Judicial Magistrate.

Further, the concerned Judicial Magistrate was directed to interact with the said detenue Sapna and to either record her statement under Section 164 Cr.P.C. or simply to pass an order with respect to her liberty.

Also, against this backdrop, the Bench opined that the detenue is an adult and she has a right to live at a place and with the person of her choice and none including the State has any right or business to interfere in her personal life.

Thus, in order to respect such ‘right of choice’ of the detenue, the Court held,

“In case, the Judicial Magistrate finds that detenue Sapna has been opposed to live with her parents then she will send her to the petitioner and she also provide security, in case, such Magistrate so desires and such security shall be for that time period which the concerned Judicial Magistrate might deem appropriate,” the Bench said.

Accordingly, while disposing of the petition in the aforesaid terms, the Court gave liberty to the petitioner to approach this Court again, in case, the need arises.