Man moves court looking for wife, she says he divorced her

The Delhi High Court was faced with a strange case where a man claimed his wife had been missing, but the wife, when traced by the police, said the man had divorced her by pronouncing triple talaq. The court dismissed the petition when the wife said she had she converted to Hindusim after divorce and re-married.

Amir, a resident of Nand Nagri, had moved a petition of Habeas Corpus in the court of Justice G.S. Sistani seeking production of his “missing” wife Shabnam.

He claimed that a man called Nishant, who they know for years, came to his house on January 17 and administered some intoxicating substance to Shabnam. He then took her away and forcibly married her.

Failed search

Amir said he searched for his wife till January 21, but in vain.

He then received a phone call from Shabnam who complained about Nishant beating her in confinement. Amir alleged that he was threatened with dire consequences for lodging a missing complaint for Shabnam.

‘Police failed’

He told the court that he was forced to file the plea as the police failed to find his wife.

The government, on the other hand, told the court that an inquiry was launched to search for Shabnam.

When they finally located her whereabouts, Shabnam said that she married Nishant out of her own free will and without any coercion.

Torture tales

Shabnam said in her statement that she was regularly tortured by Amir, who divorced her through pronouncement of triple talaq.

Shabnam’s statement was furnished before the court by the government’s counsel Tushar Sannu, but Amir's counsel insisted that they cannot rely on the statement of a missing person as she might be under pressure.

Thereafter, the HC directed that Shabnam be produced in the court on February 2.

‘Factum of divorce denied’

Shabnam reiterated her stand in the court after which it ordered: “The petitioner claims that his wife, who is 40 years of age, is missing since January 17. Shabnam is present. She submits that she has been divorced by the petitioner and now she claims that she has married one Nishant Kumar voluntarily out of her own free will. The factum of divorce is denied and disputed by the petitioner. In view of the stand taken, the petition is dismissed as not pressed.”

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Printable version | Dec 1, 2021 2:19:20 AM |

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