Madhya Pradesh High Court Permits 19-Year-Old To Leave 40-Year-Old Husband, Dismisses Habeas Corpus Plea

The Madhya Pradesh High Court recently disposed of a habeas corpus petition after recording the statement of a 19-year-old woman who told the Court that she was not in illegal confinement and was living of her own free will.

The Division Bench of Justice Anand Pathak and Justice Pushpendra Yadav, while disposing of the plea, allowed a 19-year-old woman to leave with a man of her choice, even as it introduced a protective supervisory mechanism by appointing “Shourya Didis” to monitor her welfare for six months.

The petition was filed by a husband alleging that his wife was in illegal confinement of respondent No. 4, Anuj. When the woman, referred to as the corpus, was produced before the Court from a One Stop Centre, the Bench directly interacted with her to ascertain her free will. In a clear and unambiguous statement, she told the Court that she was a major, was not under illegal confinement, and was living independently. She further stated that she did not wish to return either to her husband or to her parental home, citing ill-treatment at the hands of both.

The Court recorded that “she does not want to live with the petitioner (husband)… as well as with her parents because her parents and her husband ill-treat her.” Instead, she expressed her desire to reside with respondent No. 4, with whom she shared an emotional bond. During counselling conducted at the Court’s direction, Ms. Anjali Gyanani, the Government Advocate confirmed that the woman’s reluctance stemmed from serious domestic discord, including a significant age gap between her and her husband, which contributed to the breakdown of marital harmony.

While the parents of the corpus urged the Court to permit her to return home, she firmly declined. The Bench also sought assurances from respondent no. 4, Anuj regarding his intentions. He stated that he wished to live with her after she obtained a divorce and undertook that he would “take care of corpus well and would not be a source of embarrassment/harassment to her in any manner.”

Taking into account the unequivocal stand of the woman, the Court held that the habeas corpus petition had “outlived its purpose,” as there was no element of illegal detention. Accordingly, it permitted her to leave with Anuj. However, the Bench did not stop at merely recognising her autonomy. In a notable move, it invoked and applied the concept of “Shourya Didi,” previously elaborated in Harchand Gurjar v State of Madhya Pradesh, to ensure continued support and guidance for the young woman.

The Court appointed a Government Advocate and a Lady Constable as “Shourya Didis” for a period of six months, directing them to remain in regular touch with the corpus and monitor her wellbeing.

Case Title: Abdhesh v. The State of Madhya Pradesh and Others

Date of Order: April 2, 2026

Bench: Justice Anand Pathak and Justice Pushpendra Yadav