Inter-Faith Relationship: MP High Court Rejects Family's Plea For Daughter's Custody, Says She's An Adult With Her Own Free Will

The Madhya Pradesh High Court, on Tuesday (November 18), dismissed a habeas corpus petition by maternal uncle of a Hindu woman, observing that she was a major, was not in wrongful confinement and was living with respondent no 4 (a muslim man) out of her own free will. 

The division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf observed;

"Corpus is a major. She states that she left her parental home of her own free will. She also states that some of her documents are still in possession of the parents. Since the corpus is a major and is not in any wrongful confinement and of her own free will does not wish to return to her parents' house, no further orders are called for in the petition. Petition is accordingly disposed of". 

The woman had suo motu appeared before the court in the last hearing, confirming that she had left her parents' home out of her own free will. However, she also stated that her original documents related to her educational qualification and Aadhar were still in the possession of her parents. 

The court, meanwhile, noting that the woman had not performed marriage with respondent no 4, directed the One Stop Centre of Jabalpur to take the woman and keep her in safe custody and to be produced on the next date of the hearing. 

During the November 18 hearing, the court, reiterating the aforementioned observations, dismissed the petition. 

Case Title: SC v State [WP-43434-2025]

Citation: 2025 LiveLaw (MP) 257

For Petitioner: Advocate Hritvik Dixit

For State: Government Advocate Anubhav Jain

Click here to read/download the Order