The Gwalior Bench of the Madhya Pradesh High Court has disposed of a habeas corpus petition after a 19-year-old woman (the corpus) testified that she was not in illegal confinement and expressed a firm desire to live with her partner rather than her husband or parents. The Court, while permitting her to move with the partner, appointed a Government Advocate and a Lady Constable as “Shourya Didis” to mentor and ensure her well-being for the next six months.
Background
The writ petition was filed by the petitioner seeking a writ of habeas corpus for the production of his wife. He alleged that his wife was being held in illegal confinement by a third party.
On April 2, 2026, the woman was produced before the Division Bench comprising Justice Anand Pathak and Justice Pushpendra Yadav by officials from the Seondha Police Station and the One Stop Centre.
Proceedings and Statements
Upon appearing before the Court, the woman stated that she is a major and is not in illegal confinement. She informed the Bench that she is living independently and explicitly declined to return to either her husband or her parents. She alleged that both her husband and parents “ill-treat her” and “are not her well-wishers.”
The Court directed Ms. Anjali Gyanani, Government Advocate, to conduct counseling with the woman. Following the counseling session, the Court was informed that the woman “does not like to be in matrimonial fold because her husband is around 40 years old whereas she is only 19 years of age.” She further stated that she “shared domestic discord rather than harmony.”
The respondent partner appeared in person and submitted that he is in “emotional proximity” with the woman and intends to live with her in a “matrimonial fold after corpus taking divorce from the petitioner.” He further undertook to take care of her and ensured the Court that he would not be a source of harassment.
Court’s Analysis and “Shourya Didi” Concept
The Court observed that since the woman had expressed a clear intention to live with the respondent, the “petition outlived its purpose.”
However, considering the woman’s welfare, the Court invoked the concept of “Shourya Didi”, as discussed in the case of Harchand Gurjar Vs. The State of M.P. & Ors., ILR 2024 MP 2547. The Court noted that in such cases, victims or young women often need more than just legal protection; they require “Encouragement, Guidance or Mentoring for their future course of life.”
Quoting the Harchand Gurjar judgment, the Court remarked:
“Shaurya Didi would be a female Sub Inspector or Constable or she may be a fit person… they can mentor, guide and encourage the victim to come into main stream and to encourage her to engage in creative pursuits.”
The Bench highlighted that parents are sometimes “inadequately equipped to handle such situation,” and thus, the State must provide a mentor to help the individual engage in studies or vocational courses.
Decision
The Division Bench permitted the woman to move with her partner. To ensure her safety and guidance, the Court appointed Ms. Anjali Gyanani (Government Advocate) and Lady Constable Bhavna as “Shourya Didis” for the woman for a period of six months. They are required to remain in regular touch with her and seek her well-being.
The Court directed that the woman be released from the One Stop Centre, Kampoo, Gwalior, after the completion of due formalities.
Case Details
- Case Title: Abdhesh vs. The State of Madhya Pradesh and Others
- Case No.: Writ Petition No. 5164 of 2026
- Bench: Justice Anand Pathak & Justice Pushpendra Yadav
- Date: April 2, 2026
