Case Note & Summary
The petitioner, Makwana Anusang Mangalsang, filed a habeas corpus petition under Article 226 of the Constitution before the Gujarat High Court, alleging that his daughter, Zalakben (respondent no.6), had gone missing and was under the illegal confinement of Kishansinh (respondent no.7). The petitioner also produced a marriage registration certificate, but contended that the marriage was a nullity as both parties belonged to the same family. Upon advance notice, the State secured the presence of both the corpus and respondent no.7. Both individuals, aged about 23 years, submitted that they had married voluntarily and were living together without any confinement. The court noted that the corpus and respondent no.7 were adults and had the right to make their own marriage decisions. Since the corpus denied any illegal confinement and stated she was living with her husband voluntarily, the court held that the habeas corpus petition could not be entertained. The petition was accordingly disposed of. The court did not adjudicate on the validity of the marriage, leaving that issue to be raised in appropriate proceedings.
Headnote
A) Habeas Corpus - Illegal Confinement - Voluntary Marriage - The petitioner father alleged that his adult daughter (aged 23) was missing and under illegal confinement of respondent no.7. The corpus and respondent no.7 appeared before the court and stated that they were married and living together voluntarily. The court held that since the corpus is an adult and voluntarily living with her husband, there is no illegal confinement, and the petition cannot be entertained. (Paras 2-6) B) Right to Marry - Adult Decision-Making - The court observed that both the corpus and respondent no.7 are aged about 23 years and have the right to take decisions regarding their marriage. The court declined to interfere with their personal autonomy. (Paras 5-6)
Issue of Consideration
Whether the daughter of the petitioner was under illegal confinement of respondent no.7, warranting issuance of a writ of habeas corpus.
Final Decision
The petition is disposed of as not entertainable since the corpus and respondent no.7 are adults, married, and living together voluntarily.
Law Points
- Habeas corpus
- illegal confinement
- voluntary marriage
- right to marry
- adult decision-making
