MP High Court Allows 19-Year-Old Woman To Live With Partner Of Choice After She Rejects Husband, Parents

The Madhya Pradesh High Court recently allowed a 19-year-old married woman to reside with a partner of her choice, after she expressed unwillingness to reside with her 40-year-old husband who she alleged had ill-treated her. In doing so the court appointed 'Shourya Didis' in the woman's "best interest" thereby upholding her right to personal liberty. For context, "Shourya Didi" refers to a female mentor, usually a police officer, or a "fit person" under the Juvenile Justice Act or any staff from the Women and Child Development Department. A division bench of Justice Anad Pathak and Justice Pushpendra Yadav in its order said:"Considering the submissions as well as the intention of corpus and respondent No.4 where corpus also expressed desire to live with respondent No.4 Anuj, it appears that petition outlived its purpose. Resultantly, corpus is permitted to move with Anuj (respondent No.4). However, for her best interest Ms. Anjali Gyanani, Government Advocate and Lady Constable Bhavna Lady Constable Bhavna, who has produced the corpus before this Court are appointed as "Shourya Didi" for the corpus for next six months...Shourya Didis will take care of corpus for next six months and would be in regular touch with her and seek her wellbeing". Interestingly, a division bench also led by Justice Anand Pathak in Harchand Gurjar v/s State of Madhya Pradesh & Others (2024) had explained the concept of “Shourya Didi” stating that "Shaurya Didi would be a female Sub-Inspector or Constable or she may be a fit person as per Juvenile Justice Act or may be a female staff of Women and Child Development Department living in the vicinity of child/victim. They can mentor, guide and encourage the victim to come into main stream and to encourage her to engage in creative pursuits. This way child would be encouraged to study or to engage in vocational course so as to stand on her own in future. Later on, she herself may become a good volunteer as Shaurya Didi to perform this pious work". In the present case a habeas corpus was filed by the husband, alleging that his wife (the corpus) was under illegal confinement by respondent no 4 (the wife's boyfriend). Pursuant to the court's directions, the corpus was produced before the Bench from the one-stop centre. Upon interaction, the corpus categorically stated that she was not under any illegal detention and expressed her unwillingness to reside with her husband, who is 40 years of age; instead, she conveyed her desire to reside with respondent no 4. Further, she alleged that she was subjected to ill-treatment by her husband during the subsistence of their matrimonial relationship. The woman's parents wanted to take her with them but the corpus vehemently opposed and declined to go with her parents. She does not want to live with her husband also, the court noted. "They are not her well-wishers", the order notes. The court also examined respondent no 4 regarding his intention. He submitted that she shares a close emotional bond with corpus and intends to reside with her in "matrimonial fold" after the corpus takes divorce from the petitioner. He undertakes to take care of corpus well and would not be a source of embarrassment/harassment to her in any manner, the order notes. After consideration, the bench cincluded that no case of illegal confinement was made out and allowed the corpus to reside with respondent no 4. Accordingly, the petitioner of the husband was disposed of. Case Title: Abdhesh v State Of Madhya Pradesh [WP-5164-2026]For Petitioner: Advocate Suresh Pal Singh GurjarFor State: Additional Advocate General Deepandra Singh KushwahClick here to read/download the Order

MP High Court Allows 19-Year-Old Woman To Live With Partner Of Choice After She Rejects Husband, Parents

Jayanti Pahwa

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