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Hearing a case where a woman had alleged harassment from family members as she wished to pursue further education, the Allahabad High Court decided to grant her protection. Court said, "She has legally protected right to exercise her own choice of deciding where to live, where to go and where to reside."

Accordingly, the Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav directed the police authorities, especially the Superintendent of Police (S.P.), Gonda to protect the life and liberty of the woman. 

The court also directed that it will be for the S.P., Gonda to ensure that no interference in the choice expressed and exercised by the woman is caused from any corner either from her family members or from the police authorities.

Court also said that it shall be the duty of the police authorities to see to it that no harm physically or otherwise is caused to the woman by them or by anyone including the family members of the woman. 

Mamta Devi a Post Graduate degree holder had moved the court along with a man she is living with seeking protection claiming that she wants to pursue her studies further, however, her family members, especially the parents, have been creating some hurdles in her pursuing further studies.

She had alleged that her family members had even earlier attempted to harm her physically and thus she does not want to live with them.

She had earlier informed the court that though she was married, due to some personal reasons she was not living with her husband at the moment. She had submitted that one Janki Prasad had given her some protection, therefore she had decided to reside with him. 

She had further submitted before the court that as she was living with Janki Prasad, she and Prasad were being harassed. She told that even Prasad's younger brother was summoned by the police authorities at the instance of her family and he was harassed. 

Lastly, she had apprised the Court that some Chowki Incharge of Police Post Babhnan, District Gonda had called her on her mobile number and talked to her improperly.

Taking note of woman's grievances, the court observed, 

"What we find is that petitioner no. 1(the woman) is major and a well-educated lady. Though she is married, however, for certain personal reasons, presently she is not residing with her husband or her in-laws. However, such decision of petitioner no. 1 is impermissible to be interfered with by anyone including her family members."

Cour also stated that any such attempt from any corner either from woman's family members or even from police authorities will be direct infringement and interference in her fundamental rights vested in her by the Constitution namely right to life and liberty both.

Therefore, observing thus, the court disposed of the writ petition with the abovestated directions. 

Case title - Mamta Devi & Anr. v. State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors.