JYOTI ALIAS JANNAT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioners as well as the mother of petitioner No. 1 have appeared before us. Petitioner No. 1 is a major as is evident from her High School certificate filed as annexure 2 to the writ petition, which shows that her date of birth is 20-7-1984. Thus she is over 19 years of age. According to the provisions of the Indian Majority Act, 1875, a person who is 18 years of age is major vide Section 3 of the said Act. The law deems that a major understands his/her welfare, hence a major can go wherever he/she likes and live with any body. This is a free, democratic and secular country. Hence, if a person is a major even parents cannot interfere with that individual.

(3.) The petitioners who appeared before us have stated that they are living with each other of their own free-will. In the counter- affidavit which has been filed it has been stated that a First Information Report has been lodged under Sections 363 and 366, IPC. That may be so, but once a person becomes a major that person cannot be restrained from going anywhere or living with any body. Individual liberty under Article 21 has the highest place in our Constitution.