Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Madhya Pradesh High Court: In a habeas corpus writ petition filed by the parents of a 19-year-old girl who left her matrimonial house and began living with another man, the Division Bench of Anand Pathak* and Pushpendra Yadav, JJ., dismissed the petition. The Court allowed her to move in with her lover and appointed Shourya Didis to take care of her for six months.
Background
The petitioners married their 19-year-old daughter to a 40-year-old man, but the daughter left the matrimonial house and began living with Respondent 4. The petitioners filed the present case alleging that Respondent 4 was illegally confining their daughter.
The daughter informed the Court that she was a major and was not in illegal confinement of Respondent 4; rather, she was living with him by choice. She also claimed that her family and husband ill-treated her, and she wanted to live with Respondent 4.
Respondent 4 informed the Court that he wished to marry the petitioners’ daughter after she takes a divorce from her husband and claimed to take good care of her.
Decision
Considering the desires of the daughter and Respondent 4, the Court held that the petition had outlived its purpose. Accordingly, the Court allowed her to move in with Respondent 4. However, for her best interest, the Court appointed a government advocate and a lady constable as her “Shourya Didis” for the next six months and would be in regular touch with her to ensure her well-being. She shall be released from the One Stop after completion of the due formalities.
Regarding the concept of “Shourya Didi”, the Court referred to Harchand Gurjar v. State of M.P., 2024 SCC OnLine MP 5633, wherein the Court stated that Shaurya/Shourya Didi is a female Sub-Inspector/Constable, a fit person as per the Juvenile Justice Act, 2015, or a female staff of Women and Child Development Department living in the vicinity of child/victim. She can mentor, guide, and encourage the victim to engage in education and creative pursuits while moving on from her mental and emotional trauma.
[Abdhesh v. State of M.P., 2026 SCC OnLine MP 5070, decided on 2-4-2026]
*Order authored by: Justice Anand Pathak
Advocates who appeared in this case:
For the petitioner: Suresh Pal Singh Gurjar
For the respondent: Deependra Singh Kushwa
A gender neutral law criminalizing adultery is required.
Otherwise, such cases, and the number of murders of a husband by a wife and vice versa,
will be uncontrollable.