P&H HC | Wife taken away and forcibly detained against her will by her kin: Court orders reunion of separated couple at the earliest

Punjab and Haryana High Court: In a peculiar case of illegal detention of a woman who happens to be the petitioner’s wife, Harinder Singh Sidhu, J., ordered for her release and for her to be reunited with the petitioner.

The instant habeas corpus petition has been filed under Articles 226/227 of Constitution of India by the petitioner (husband of detenue) seeking relief. The factual matrix in the present case is that petitioner had solemnized marriage with the detenue on 27-08-2020 at Sirsa. Respondents 4 to 7, detenue’s parents are relatives were against the marriage and had made their disapproval evident. During a post-marriage visit, detenue’s kin took her away with the assurance that they would drop her back at the house of the petitioner in a short while. Since then, the detenue has not returned and she has been illegally detained against her will by her family.

The Court after taking cognizance of the said matter directed the Superintendent of Police, District Sirsa to ensure the presence of the alleged detenue in the Court after which the detenue appeared in the Court accompanied by SHO/SI Sunita, Police Station Bada Gudha, District Sirsa. On being asked, the detenue stated in the Court that she has married the petitioner out of her own free will and that she is a major and wants to join the petitioner at her matrimonial home.

After careful consideration, the Court directed the SHO/SI to take the detenue and lodge her in the protection home at Sirsa and on a subsequent day, the petitioner would present himself at Police Station Bada Gudha, District Sirsa where he would be reunited with the detenue.

In view of the above, the petition has been disposed of.[Pass Ram v. State of Haryana, 2020 SCC OnLine P&H 1744, decided on 20-10-2020]

Yashvardhan Shrivastav, Editorial Assistant has put this story together

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