Allahabad High Court: In a Habeas Corpus petition filed by a father-in-law of the detenu with the prayer that his daughter-in-law, who married with the son of petitioner, is in illegal custody of her parents, thus, custody of detenue be given to her father-in-law as her parents are not allowing her to go to her matrimonial house, Shamim Ahmed, J. held that father-in-law has no locus standi to file habeas corpus petition seeking custody of daughter- in- law.
The father-in-law stated in the petition that the husband of detenue, who is the son of petitioner is living in Kuwait for earning his livelihood.
The opposite party objected that the present petition has not been filed by the husband of the detenue and it has been filed by the father-in-law of the detenue, thus, it is not maintainable.
The Court said that Marriage is a contract as per the Muslim Law and husband is bound to give protection, shelter and fulfill all the desires and day to day requirements of his wife. After marriage, the husband of the detenue is living and earning in Kuwait and detenue is living with her parents, thus, it cannot be said that she is in illegal detention. It may be possible that detenue herself does not want to go to her matrimonial house when her husband is not living there. Even if there is any grievance, the husband has remedy to approach before appropriate forum, but not the father-in-law, as he has no locus at all.
[Aarfa Bano v State of U.P., 2023 SCC OnLine All 231, Order dated 16-05-2023]
Advocates who appeared in this case :
Counsel for Petitioner:- Advocate Sikandar Zulqarnain Khan;
Counsel for Respondent:- Government Advocate.
No strict rule as regards to locus standi in habeas corpus. What necessarily and primarily required to ascertain is the alleged detention whether is against the free will of detainee or is actually on his/her free will staying.
There may be circumstances where a stranger may file petition for even an unmarried girl against her parents, however as to the custody the orders would be as circumstances require.