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2019 DIGILAW 1460 (SC)

Ansar Nisha v. State of Tamil Nadu

2019-05-29

ANIRUDDHA BOSE, RANJAN GOGOI

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ORDER Leave granted. 2. We have heard learned counsel for the appellant as well as the learned counsel for the respondent Nos.1 to 5. From the Office Report dated 29th May, 2019, it appears that the respondent No.6 has refused to accept notice. We, therefore, proceed to pass final orders in the appeal. 3. As the appellant is a major (22 years) and has expressed her desire to stay with the family of her husband (the respondent No.4), who is presently in custody, we do not see how the High Court could have passed impugned interim order directing the appellant to be housed in the home at Madras Christian Council of Social Service, No.21, 6th Main Road, Jawahar Nagar, Perambur, Chennai. The appellant being a major would have a right to choose to stay in the house of her husband along with the relatives of the husband. 4. From the averments made before us in the appeal, it is quite clear that the appellant is clear of her intention to stay with her in-laws in their house and not with her parents. If that is so, we find no justification for the High Court to pass the impugned order. 5. Consequently, we allow the appeal and set aside the order of the High Court. The appellant, Ansar Nisha, be released forthwith from the home at Madras Christian Council of Social Service, No. 21, 6th Main Road, Jawahar Nagar, Perambur, Chennai, where she is presently lodged.