Women have the right to live on their own terms – Allahabad high court
The Allahabad High Court has reunited a Hindu woman with her Muslim husband and stressed that “she has a choice to live her life on her own terms.” A court of magistrates Pankaj Naqvi and Vivek Agarwal ruled on December 18 a writ of habeas corpus presented by the man, who complained that his wife had been sent to her parents against their wishes by the Nari Niketan or the Committee of Child Welfare (CWC).
The division bank, after interacting with the woman, noted that she unequivocally expressed her desire to stay with her husband.
He said that she is “free to move according to her own choice without any restrictions or impediments created by third parties.” The court also struck down an FIR registered against the man for allegedly abducting the woman.
The court overturned an order by the chief judicial magistrate (CJM) to send the woman to the Nari Niketan while claiming that the act of the court of first instance and the CWC, Etah, reflected a lack of appreciation of the legal provisions.
The court said the woman was an adult as her date of birth was October 4, 1999 and the lower court did not appreciate the fact that when a school certificate had been presented, any other evidence would be secondary and should not be trust her.
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The court heard the argument of the husband, who through his lawyer had alleged that his wife was sent to the CWC against his choice, which, a day later, handed over custody to the parents.
On December 16, the court requested the police to present the woman on December 18. On that date, the court interacted with the woman who said her date of birth was October 4, 1999 and she had reached the age of majority. She told the court that she had married and wanted to live with her husband.
The court then said: “As the corpus (woman) has come of age and she has the option to live her life on her own terms and has expressed that she wants to live with her husband, she is free to move on her own terms. election without any restriction or impediment created by third parties ”.
While overturning the city court order, Etah, the court said it had been approved “without application of mind.”