The Patna High Court has allowed an adult woman to leave with her husband after personally interacting with her and confirming that she was acting of her own free will. While disposing of a habeas corpus petition filed by the husband, the Court also accepted undertakings from the husband and his parents to ensure that she would be treated with dignity and safety in her matrimonial home.
Background of the Case
The petition was filed by Golu Kumar, who claimed that he had legally married Rani Kumari and that both were adults wishing to live together. He alleged that after the marriage, Rani Kumari's parents opposed the relationship, confined her at their residence, and prevented her from communicating with him by taking away her mobile phone. The petitioner sought her production before the Court through a writ of habeas corpus and requested protection for their life and liberty.
During the proceedings, the High Court first directed the Officer-in-Charge of Gaurichak Police Station to discreetly verify whether the woman was being unlawfully confined or was staying with her parents voluntarily. As the initial report did not provide complete clarity, the Court later directed that she be produced before it for a personal interaction.
Court's Observation
After interacting with Rani Kumari in chambers, the Bench found that she acknowledged her marriage with the petitioner. She stated that she wanted to live with her husband but had earlier expected that his family would accept her. During a subsequent hearing, the petitioner's parents appeared before the Court and assured the Bench that they were willing to welcome her into their family.
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On the final date of hearing, both families appeared before the Court. Rani Kumari again made it clear that she wished to reside with her husband. Her parents expressed concerns only about her safety and well-being in her matrimonial home.
Recording these developments, the Bench observed,
"This Court sets a-free respondent no. 5 to go as per her desire and live her life according to her wishes."
The Court further noted that the affidavits filed by the petitioner and his parents would ensure that she is treated with "all respect and dignity" while living with the petitioner's family.
Court's Decision
Accepting the undertakings furnished by the petitioner and his parents, the High Court permitted Rani Kumari to leave and live according to her own wishes.
It also granted liberty to her and her parents to approach the Court through an interlocutory application if there is any breach of the undertakings given before the Court.
The habeas corpus petition was accordingly disposed of.
Case Details
Case Title: Golu Kumar v. State of Bihar & Ors.
Case Number: Criminal Writ Jurisdiction Case No. 1282 of 2026
Judge: Justice Rajeev Ranjan Prasad and Justice Kumar Manish
Decision Date: July 2, 2026
