‘Identity and Autonomy of Adult Woman Not Defined by Familial Obligation’: Punjab and Haryana High Court Rejects Father’s Plea Seeking Custody of Adult Daughter Living Separately From Her Husband

The Punjab and Haryana High Court recently rejected the habeas corpus plea of a father who sought custody of his 30-year-old daughter, allegedly for sending her back to her matrimonial home. The court, while rejecting the habeas corpus plea, said that her relationships or familial obligations do not define the "identity and autonomy of an adult woman." The high court bench of Justice Manjari Nehru Kaul said, "the Constitution safeguards her right to live freely and make her own choices, without external interference." The state's top court further said that the nation that the woman's father, or anyone else, can impose their will upon her based on a perceived social role is a direct affront to the right of equality and personal liberty enshrined in the constitution. The court observed while hearing a habeas corpus plea filed by a father who sought directions to release his daughter from the alleged illegal custody of a man. However, the woman told the court that she was living alone and didn't want to return to her abusive father and brother, who were harassing her, to return to her abusive husband. HC on Divorce: Can’t Presume Working Women Lead Adulterous Life, Cogent Proof Must for Divorce, Says Punjab and Haryana High Court.

Woman Says She Does Not Want to Return to Her Father or Brother

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