Shalu Mishra vs. State of U.P. Throu. Its Prin. Secy. and Ors.

Shalu Mishra married Sunil Mishra against her parents’ wishes, and her parents wished to forcibly break up the couple. Shalu’s husband and her parents both claimed to be her rightful guardians and wanted to claim her custody, even though Shalu claimed that she was a major and wanted to stay with her husband. Amid custody disputes, Shalu was forcibly detained at Nari Niketan as the court tried to determine her age. The age on her educational certificate differed from the age determined in a medical exam, which further delayed the process.

Shalu Mishra filed this habeas corpus petition with the Allahabad High Court for release from Nari Niketan. The high court demanded her release regardless of her age, on the basis that even minors cannot be detained against their wishes unless they are considered in conflict with the law. The court also determined that Shalu and Sunil’s marriage was not void even if Shalu was a minor at the time, and thus her husband had the right to seek her custody.

There is no age bar when it comes to valuing the liberty of a person be she a woman or be he a gent. Even a child has a right to avail of his or her liberties.

Shalu Mishra vs. State of U.P. Throu. Its Prin. Secy. and Others2013(5) ALJ 426