The Division Bench of Vipin Sanghi and Rajnish Bhatnagar, JJ., while addressing a Habeas Corpus petition filed by the brother of a major girl held that a girl who has attained the age of majority is free to reside with whosoever she wishes to reside.
The present petition was filed by Parveen seeking the writ of Habeas Corpus for production of her sister Sulekha, who was alleged to have gone missing since 12th September 2020. He suspected one Babloo to be involved in this matter.
Girl was major when she went missing
After issuance of the notice, Ms Sulekha was being traced by the Delhi Police and was produced before the High Court via video conferencing, her statement was recorded under Section 164 of Criminal Procedure Code, 1973 wherein she informed the court that she had gone with Babloo on her own will and is married to him. And also at the time, she went missing she was a major.
"The girl is free to reside wherever she wishes and with whomsoever she wishes": Delhi HC
The court directed the Police authorities to escort her to the residence of Babloo. Directions were also issued to counsel the parents of the petitioner so that they do not take the law into their hands or threaten Sulekha or Babloo.
"Sulekha is free to reside wherever she wishes and with whomsoever she wishes, she being a major. We, therefore, direct that Sulekha may be permitted to reside with respondent no.3 – Babloo.”- Delhi HC