Madhya Pradesh High Court: The Bench of Atul Sreedharan, J. hearing a habeas corpus writ filed by the mother of a girl who had married against her parent’s wishes, found that the allegations and statements of mother were completely false and directed that the corpus-daughter was free to live with her husband without interference from anyone.
The instant petition was filed praying for corpus of petitioner’s daughter – Ms Suraiya Khan – who was alleged to be abducted by one Mr Noor Hasan (respondent 5 herein). The petitioner further stated that her daughter was mentally retarded and of unsound mind.
Police recovered the corpus and produced her before this Court, on which date she stated that she had entered into nikah with respondent 5 Abrarul Hasan Mansoori alias Noor Hasan. She further stated that she was living with him as his wife and had no problems. The corpus raised suspicions that her parents and family members could create problems for her and her husband and thus sought police protection for both of them.
The Court noted that no medical report of the missing corpus, filed by the petitioner, even remotely reflected her to be mentally retarded or of unsound mind. After speaking to the corpus and noting her statements as mentioned above, this Court held that the allegations as to her mental health were completely false. It was observed that the corpus appeared to be of sound mind and health and she had answered the questions put forth to her by this Court very clearly.
In view of the above, the petition was disposed of holding that the corpus Suraiya and her husband Noor Hasan were free to lead their own lives wherever they wanted to, and it was directed that they shall not be disturbed by petitioner or anyone from their family in this regard.[Jaitun Nisha v. State of Madhya Pradesh, 2019 SCC OnLine MP 675, Order dated 08-04-2019]
