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She Is Major, Highly Educated, Can Decide Where To Go & Reside: Allahabad HC Orders Protection For Married Woman Residing With A Man

Sparsh Upadhyay
13 Nov 2021 3:10 PM GMT
She Is Major, Highly Educated, Can Decide Where To Go & Reside: Allahabad HC Orders Protection For Married Woman Residing With A Man
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The Allahabad High Court on Thursday came to the rescue of a married woman who moved the High Court with her protection plea claiming that she is facing threats from her family members and therefore, sought direction to the police authorities to protect her and another man, with whom she is presently residing.The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav directed...

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The Allahabad High Court on Thursday came to the rescue of a married woman who moved the High Court with her protection plea claiming that she is facing threats from her family members and therefore, sought direction to the police authorities to protect her and another man, with whom she is presently residing.

The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav directed the police authorities especially the Superintendent of Police, Gonda to protect the life and liberty of the petitioners while observing thus:

"Indisputably she is major and highly educated and as such, she has legally protected right to exercise her own choice of deciding where to live, where to go, and where to reside."

Facts in brief 

Petitioner No.1, Mamta Devi a Post Graduate degree holder moved the court (along with a man she is living with) with her protection plea claiming that she wants to pursue her studies further, however, her family members, especially the parents, have been creating some hurdles in her pursuing further studies.

She submitted that though she is married, however, at the moment for certain reasons, she is not living with her husband and finding some protection with petitioner no. 2 Janki Prasad, she is presently residing with him.

She also claimed that her family members even earlier attempted to harm her physically and thus she does not want to live with them. She also stated that at the instance of her family members, the younger brother of petitioner no. 2 was unnecessarily harassed by the police.  

Lastly, she submitted before the Court that some Chowki Incharge of Police Post Babhnan, District Gonda had called her on her mobile number and talked to her improperly.

Court's observations

At the outset, the Court noted that for certain personal reasons, the married woman/petitioner no. 1 is not residing with her husband or her in-laws, however, the Court stressed that such decision of petitioner no. 1 is impermissible to be interfered with by any one including her family members.

"Any such attempt from any corner either from her family members or even from police authorities will be a direct infringement and interference in her fundamental rights vested in her by the Constitution namely right to life and liberty both," the Court observed.

In the aforesaid circumstances, the Court disposed of the writ petition finally with a direction to the Superintendent of Police, Gonda to ensure that life and liberty of the petitioners are secured and further that no interference in the choice expressed and exercised by the petitioner no. 2 is caused from any corner either from her family members or from the police authorities.

Case title - Mamta Devi & Anr. v. State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors.

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