Court unites husband and wife after ruling that no one can interfere with the desire for love of two consenting adults: Allahabad High Court
In the case of Sandeep Kumar And Another v. State Of U.P. And 9 Others (HABEAS CORPUS WRIT PETITION No. 536 of 2022), the court saidn a human relationship between two consenting adults, the choice of a life partner, the need for personal intimacy, and the desire to discover love and fulfilment cannot be tampered with by anyone else, according to the Allahabad High Court. With this, the Justice Sanjay Kumar Singh bench granted a husband’s request for a writ of habeas corpus after his wife, or corpus, told the court that she was eager to go with him and enjoy a harmonious marital life.
Facts: Sandeep Kumar, the petitioner, filed the current motion to have his wife, who he said was being held against her will by a member of their family, appear before the court. The relatives of the girls are to bring her before the court, according to a notification the court issued in the case. Following that, on July 22, 2022, a FIR was filed against the petitioner/husband in accordance with Sections 376/354(C) of the IPC and 4 of the POCSO Act. The Court said that it was obvious that the FIR had been filed after the Court’s order instructing the respondents to produce the corpus by July 18, 2022, when it heard the case on September 13. Sandeep Kumar, the petitioner number one, and Sakshi Panchal, the petitioner number two, both appeared in person before the court on October 14, 2022. It was disclosed to the court that both petitioners are majors who got married in a temple and had their union officially registered in November 2021. The Court was further informed that they were a happy married couple until the family of corpus/petitioner No. 2 forcibly removed her to her father’s home in November 2021, after which she has been held captive by respondent Nos. 4 to 10 ever since.
Judgement: The court ruled that no one else should be allowed to influence a couple’s decision about a life partner, their desire for personal intimacy, or their desire to discover love and a fulfilling human relationship. The Court noted that since the corpus is willing to move in with petitioner No. 1 and take into consideration the statements the corpus made both before the Court below and before the High Court, the Court allowed her to go with her husband by observing as follows: “No one else should be allowed to Influence the choice of a life partner, the need for personal intimacy, or the desire to experience love and fulfilment in a human relationship between two consenting adults. Given the foregoing, the writ petition was granted. The corpus was approved for petitioner No. 1 to keep, and the Registrar General was further instructed to repay the Rs. 40.000/- that petitioner No. 1 had previously placed in accordance with the Court’s ruling from July 18, 2022.
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JUDGEMENT REVIEWED BY SNIGDHA DUBEY