‘Provide cover to woman till reunion with husband’

Delhi High Court. File

Delhi High Court. File

The Delhi High Court has directed Delhi Police to provide protection to a woman, who was alleged to be illegally confined by her father, until she was reunited with her husband.

The High Court directed the police to lodge the woman at Nirmal Chhaya Home, Tihar Jail, Hari Nagar, under the care and custody of a police officer.

The order was delivered on a habeas corpus plea filed by the husband claiming that his wife was being illegally detained by her father who was against their marriage.

The couple, represented by advocate Raghunatha Sethupathy B, along with advocate A. Rajarajan, produced their marriage certificate issued on November 22, 2021, by the Arya Samaj Mandir Vivah Bandhan Trust, Tis Hazari, as evidence.

The plea stated that the couple had plans to settle at Jaipur and had moved there on December 12 last year. However, on the same morning, the woman’s father along with police officers took her away, the plea further stated.

The court took note of the fact that the woman, who appeared before it through videoconferencing, was a ‘major’ as she was born on August 26, 1997.

The woman told the Bench of Justice Siddharth Mridul and Justice Anup Jairam Bhambhani that she had married the man, who is also ‘major’ with his date of birth as June 05, 1997, of her “own free will and volition, although against the wishes of her parents”.

She expressed her desire to join the company of her husband and further stated that she was fearful for the safety and security of her husband as well as of herself.

The High Court pointed out that the woman had made a statement before the Metropolitan Magistrate which was contrary to what she had submitted before the High Court.

The woman categorically stated that she had made the previous statement “under serious duress”, since she was threatened by her family about a khap panchayat in Rajasthan looking into her marriage. She was told that the khap had decided to ‘eliminate’ her as well as her husband.

Advocate Sethupathy submitted that though the husband is otherwise a resident of District Dholpur, Rajasthan, he is presently employed in Chennai. Mr. Sethupathy submitted that the husband will be in a position to make arrangements for his wife to travel to Chennai.

The court ordered the police officer to ensure the safe passage of the woman from Nirmal Chhaya Home to the IGI Airport and to ensure that she gets on to the flight to Chennai.

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Printable version | May 27, 2022 10:22:00 pm |