Delhi High Court has held that girl being major, she is entitled to stay with whomsoever she deems appropriate and has directed the SHO to ensure that no bodily harm or injury is caused to the boy or girl.
A division bench of Justice Manmohan and Justice Sehgal was hearing a habeas corpus petition in the case titled as MOHD MUJEEB alias SONU KUMAR vs STATE and passed the order on 17.07.2019.
It has been averred in the present petition that the petitioner no. 1 had converted to Hindu faith on 2nd June, 2019 and had married Ms. Pooja Gupta at an Arya Samaj Mandir on 13th June, 2019. It has been further averred in the present petition that Ms. Pooja Gupta was got forcibly married to respondent no. 9 by her parents subsequently.
High Court observed “Ms. Pooja Gupta, who is personally present in Court is emphatic and firm on her decision that she would like to stay with petitioner no. 1. She also confirms the allegations in the writ petition”.
High Court further observed “Since admittedly Ms. Pooja Gupta is a major, this Court is of the view that she is entitled to stay with whomsoever she deems appropriate. In the event, any of the respondents wish to seek any remedy against her, they are at liberty to file appropriate legal proceedings”.
It then directed “Keeping in view the aforesaid Ms. Pooja Gupta is permitted to go with petitioner no. 1. The SHO, Police Station Sarita Vihar, Delhi, is directed to ensure that no bodily harm or injury is caused to the petitioners. The beat constable of the concerned area is also directed to visit the petitioners at their address and provide them his mobile number as well as concerned SHO’s mobile number. In the event of any emergency, petitioners would be entitled to get in touch with them”.
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