Husband has no right to force wife to live with him [Read the Order]

June 15, 2019:

Delhi High Court has dismissed a petition filed by the husband who had prayed that a writ habeas corpus be issued directing the respondents to produce his wife Smt. Jyoti and set her at liberty.

A bench of Justice Annu Malhotra and Justice Talwant Singh has passed the order in the case titled as Lakhan Kharara vs State on 10.06.2019.

Vide the present petition, the petitioner has also prayed that the life and liberty of Smt. Jyoti be protected by R-1 and R-2 and the petitioner herein be enabled to live with Smt. Jyoti as spouses without interference by any person. A prayer was further made through the petition that Smt. Angoori Devi, wife of the respondent no.3 (apparently the mother of Smt. Jyoti) be also directed not to interfere in the matrimonial life of the petitioner and Smt. Jyoti.

High Court found that wife was adult and she was not inclined to go with the husband and wanted to remain with her parents. In view of the same, the High Court passed the following order:

"In these circumstances, Smt. Jyoti, being an adult, not being under any influence inasmuch even the petitioner was given an opportunity to talk to Smt. Jyoti in chamber which has been duly availed, despite which Smt. Jyoti has submitted that she does not want to live with the petitioner. Thus, no relief can be granted as prayed. There is no merit in the petition which is thus dismissed".

Read the Order here: