Delhi High Court disposes of a writ petition of Habeas Corpus filed by her elder brother to produce the missing minor sister after she turns out to be above 18 on the day she went missing.
In a writ petition filed before the Delhi High Court in October, the brother alleged the sister to be a minor of 17 years age and to be missing since a month. A status report was sought from the Investigating officer (I.O.) which was later delayed because of contraction of COVID-19 by the whole police station. Thereafter the case was transferred to AHTU Crime Branch and expedite investigation was ordered to the Investigating Officer (I.O.). She was tracked down a few days later who was with one of the suspects who later turned out to be her life partner with whom she got married and with whom she was willingly staying and accepted to this in her Section 164 Cr.P.C. Statement. She also turned out to be a major aged 20 years.
The 2 judge bench at the Delhi High Court in its order while considering her majority of the girl dismissed the petition and regarded her freedom to reside as per her will and her accord to choose her life partner which is also a fundamental right under Article 19 of the Constitution of India. She ordered the police to provide her protection from her family members of she wishes to. Counselling of her family members by the police officer was also mentioned in the order. The petition was disposed of with the abovementioned terms.