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Constitution of India, 1950
Article 226—Writ—Habeas corpus—Petitioner seeking a writ of habeas corpus directing respondents to produce his legally wedded wife before the High Court—Admitted fact that the girl, who is 21 years old, married with petitioner, who is 22 years old, of her own free will and desire—Marriage opposed on account of inter-caste marriage and also that marriage would become an impediment in her education—Girl is keen to rejoin her husband at her matrimonial home—Where two young adults decide to live together, as ‘husband and wife’, nobody including their parents, have the authority to interfere with their ‘living together’—Undertaking given by husband that he shall ensure and facilitate in every manner possible, the further education of his wife—Couple permitted to reside at a place of their own choice and direction issued to SHO concerned to afforded adequate protection to couple, if the need so arises.
[Paras 5 to 11]