Hindu-Muslim couple: Madhya Pradesh HC rejects family's habeas corpus plea after noting woman is a major

The Madhya Pradesh High Court has declined to pass any order on a habeas corpus petition seeking custody of a Hindu woman who refused to live with her parents [Sandeep Choudhary v Superintendent of Police and Others].

The decision by the Division Bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf comes days after another division bench of the High Court declined to permit the woman to live with her Muslim partner without marriage. 

“Since the corpus is a major and is not in any wrongful confinement and of her own free will does not wish to return to her parents' house, no further orders are called for in the petition. Petition is accordingly disposed of,” the Division Bench said in an order passed on November 18.

On November 14, the Division Bench of Justice Vivek Rusia and Justice Pradeep Mittal had sent the woman to One Stop Centre at Jabalpur for “safe custody”. The direction had been passed despite the woman stating that she does not want to go with her parents.

“Since the corpus at present has not performed the marriage; therefore, she cannot be permitted to live without marriage with respondent no.4. She be taken to One Stop Centre, Jabalpur in safe custody and be produced on the next date of hearing i.e 18.11.2025,” the Court had ordered.

On Tuesday, the matter was listed before the bench headed by Chief Justice. The woman reiterated her statement that she had left her parental home on her own free will. She also said that some of her documents were still in possession of the parents. 

Considering the fact that she is major, the Court declined to pass any orders on the plea moved by her family.

Advocate Hritvik Dixit represented the petitioner.

Advocate Anubhav Jain represented the State.

[Read Order]