In a groundbreaking decision, the Gujarat High Court has set a precedent for upholding individual freedoms with its recent judgement. The case, focused on the rights of a young adult, highlights the importance of personal autonomy and free will. This ruling underscores the principles of independence and choice for individuals like the corpus girl involved in the matter. Learn more about this landmark judgement from the Gujarat High Court and its implications on legal rights.
Facts
- The corpus has indicated she was not in illegal confinement and was residing with her legally wedded husband out of her free will.
- The corpus confirmed her decision in the Court after interacting with her mother and advocate, stating she was not under any illegal confinement.
- The corpus’s Date of Birth is 01-01-2006, making her a major and capable of making decisions regarding her residence and relationships.
Arguments
- The Court finds the situation created by the learned Advocate for the petitioner acrimonious.
- In light of this, the Court requests the Advocates for the parties to continue the proceedings in the chamber with the assistance of the learned APP.
- The Court deems it necessary to record the statement of the corpus in vernacular to ensure her wishes are clear.
Analysis
- The Court has limited the petition of Habeas Corpus to only ascertaining the presence and well-being of the corpus.
- The petitioner expressed not wishing to visit the corpus at her in-laws at the moment, but hope for bettering relations in the future.
- The advocate for the petitioner requested to send the corpus to Nari Sanrakshan Gruh due to apprehension of inability to express freely.
- The advocate reiterated the request for regaining custody of animals invoking ‘Parents patria’ principle.
- The statement of the corpus regarding her presence with her husband, details about her relationship with her mother, and interactions with her in-laws were recorded.
- The Court inquired about the willingness of the corpus to meet her mother, which she responded to.
- The corpus was previously sent to Nari Sanrakshan Gruh under police protection, showing no doubts about her expression of free will.
- The Court found that the petition was primarily filed for the purpose of the corpus girl of the petitioner.
- The issue regarding the corpus girl has been resolved, and her statement has been recorded.
- The Court decided not to expand the scope of the case further as it believed the intention behind the petition was different from dealing with the corpus girl’s situation.
- Since the corpus girl is an adult and is aware of her rights and needs, she is free to go with the person of her choice.
- The Court noted that the corpus girl was not under illegal confinement at any point, thus the writ of habeas corpus could not be invoked.
- The judgment emphasizes the independence and freedom of choice of the corpus girl as an adult.
Decision
- The petition is disposed of accordingly.
- No further orders are required to be passed.
- Notice is discharged.
- The corpus will be provided with safe passage to the destination of her choice.
Case Title: KASMABEN SOMUBHAI SINGADE NANABHAI VASANBHAI BHABORS DAUGHTER W/O SOMUBHAI KUKARJI SINGADE Vs. STATE OF GUJARAT
Case Number: R/SCR.A/4415/2024
