A 23-Year-Old Woman is a Major Who is Free to Move About as She Pleases: Bombay HC

On Tuesday, A Bench of Justices Manish Pitale and SS Shinde while dismissing a petition to secure the presence of the woman who was allegedly kept in custody by her parents over an inter-faith relationship, held that a 23-year-old woman is a major who is free to move about as she pleases.

The petitioner was in a relationship with the woman for the past five years

The Bombay High Court observed that the woman and her parents confirmed that she is a major.

"The woman stated that she is aged about 23 years and, therefore, she intends to live her life, as per her wish. It is not disputed by her parents that she is a major, aged about 23 years. Since she is admittedly a major aged about 23 years old, she is free to move as per her own wish," the Court said.

The petitioner (an MBA student) in the present case moved to the High Court on the ground that the woman's parents had kept her in illegal custody as they were opposed to their inter-religious relationship.

The petitioner was in a relationship with the woman for the past five years. When the woman was produced before the Court, the same was confirmed by both parties in open court.

The purpose of filing this plea was satisfied as soon as the woman was produced in court: HC

The petitioner further argued that on December 16, 2020, when he approached the local police for help, the woman was forcefully taken away by her parents. After that, she was not allowed to contact the petitioner, which compelled him to file the Habeas Corpus petition before the Court.

The bench observed that the woman's parents opposed their relationship and apparently because of this reason the woman was taken away by them.

Further, the court added that the purpose of filing this plea was satisfied as soon as the woman she was produced before the bench.

The bench ordered the local police officer to ensure that the woman is escorted from the HC premises to the destination of her choice.