New Delhi. Madhya Pradesh High Court has made it clear in an important decision that an adult person has every right to live at a place of his choice and with the person of his choice. The court said that unless there is any pressure or unlawful restraint on an adult, the courts cannot play the role of guardian nor can order the handing over of his custody to the parents or any other person.
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The mother had accused the daughter of taking her away
The matter is of Gokalpur area of Ranjhi. A woman living here had filed a habeas corpus petition in the High Court alleging that Hrithik Choudhary had seduced her daughter and taken it with him. While hearing the petition, the High Court had directed the police to present the girl in the court.
The girl expressed her views in the court
During the hearing, the police took the girl to the court. The division bench of Justice Vivek Rusia and Justice Pradeep Mittal spoke to the girl in private. The girl told the court that she was an adult and had gone with Ritik Chaudhary of her own free will. She also said that she wants to live with him and does not want to go back to her parents. The girl clarified that no pressure or undue influence was exerted on her.
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Important comment of High Court
The division bench said in its order that if an adult person is living somewhere of his own free will and has not been detained illegally, the Constitutional Court cannot hand over his custody to any other person, even his parents.
The court also said that the courts should not play the role of ‘Super Guardian’ driven by the mother’s emotions or the father’s ego. Habeas corpus petition is applicable only in cases where a person has been detained unlawfully.
resolved the petition
After considering all the facts, the High Court dismissed the habeas corpus petition and rejected it. The court reiterated in its order that an adult person has the constitutional right to take decisions to his life.
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