Allahabad High Court Frees Married Woman from Father’s Detention

On 08th September 2020, a Single Judge Bench of Allahabad High Court comprising Justice J.J. Munir, directed for release of a woman, who was detained by her father.

The order came in a Habeas Corpus petition No. 290 of 2020, filed by the Husband of one Parul Sharma @ Parul Tomar.

It was alleged to have been detained by her father. Initially, the Court directed the Police authorities to produce her,
but the police failed to produce the woman on the date fixed. As such the court granted last opportunity to SSP Kanpur Nagar to produce the woman.

Ultimately the police produced the woman on 26.06.2020.  After her production, a dispute arose with respect to
the genuineness of the marriage certificate, as it was alleged that there are manipulations in the marriage certificate,
considering the Court as an interim measure, ordered Parul Sharma to go along with her father, respondent no. 4
and also ordered an inquiry into the genuineness of marriage certificate.

The Chief Metropolitan Magistrare, Kanpur Nagar did an extensive inquiry and found that the Marriage Certificate
is genuine and there is no interpolation and further there is no dispute that the Parul Sharma is 18 years old on the day of the hearing.

The Court was informed that after the Court’s order dated 26.06.2020, Parul Sharma broke custody of her father
and went away to the husband of her free will.

She left the home of her free accord and went to a friend of hers one Aisha, a resident of Barra, P.S. Barra, District Kanpur Nagar and stayed with her.

Thereafter, she left for Raigarh, Chhattisgarh, where she claims to have stayed in a Radha Madhav temple situate at Rajiv Nagar.

However, on the date of hearing, she appeared in Court traveling from Raigarh.

The Court asked some questions from the Parul Sharma to know her will, and in response to the questions asked
she submitted that she has married Shivam Tomar and she does not want to go to her father’s home.

Considering the above situation, the Court directed the SSP Kanpur Nagar to extend requisite security to the
couple and ensure that her married life is not interfered with, either by Respondent no. 4 or anyone else acting on his behest.

In case of any breach of this direction, the Senior Superintendent of Police, Kanpur Nagar shall be personally answerable to this Court.

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