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The Apex Court in the matter of Anjali Jain V. Ashok Kumar Jain & Ors on 30th May, reiterated its earlier observation that it is an right of a major woman to live with a partner of her choice. The Supreme Court in current matter stayed an order passed by the Chattisgarh High Court which directed the psychiatric examination of a woman who had married a man against the wishes of her parents. The current SLP was filed by the woman contending that the Chattisgarh HC’s order for her medical examination was made without hearing her and that the same infringed her right to autonomy and dignity.
Important facts of the matter are that the petitioner woman is a Hindu who had fallen in love with a Muslim man, who later converted to Hindu religion. They got married to each other in February 2018 against the wishes of their parents. Post marriage the petitioner left her home to join her husband but she was forcibly brought back by her father. The woman claimed that she was being tortured and harassed by her parents, who did not permit her to leave house to join her husband. In March, she was constrained to make a rescue call to the Director General of Police, who dispatched a police team to her house. On March 17, she gave a statement to the police narrating the atrocities she had to suffer at her home. She stated that “she was threatened by her family that she would be killed if she resided with her husband”. Her statement was taken after a medical examination by a team of three doctors who certified her physical and mental fitness to give the statement.
The petition challenges the order of HC bench which based on the mere assertion made by the father of the petitioner that she was a psychiatric patient under medication, ordered for conducting medical examination of the woman by a team of three doctors. The petitioner submits before the SC that the medical examination was ordered by HC despite the submission by the State Government that the woman has been certified as mentally fit in an earlier medical examination. It was submitted that High Court has directed an illegal medical examination to be conducted without taking into account the fact that the Petitioner is a major who has the right to represent herself and also can reside with her lawfully husband, which is sought to be prevented by her father through use of criminal force.
The SC division bench in its decision noted the fact that the order was passed by the HC without hearing her. On the basis of which SC directed the petitioner to move her application before the HC within a period of four weeks until which the effect of the HC’s direction has been stayed.
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