The Allahabad High Court disposed of a Habeas Corpus Writ petition seeking the court to direct the opposite parties to produce the detenue before this Hon'ble Court.

The Court observed that the detenue is living with her parents, and thus, it cannot be said that she is in illegal detention.

Brief Facts:

The detenue has been married to the son of the petitioner who is the father-in-law of the detenue. The husband of the detenue, who is the son of the petitioner, is living in Kuwait for earning his livelihood. The petitioner alleges that his daughter-in-law is in illegal custody of her parents and they are not allowing her to go to her matrimonial house. Thus, to secure her release, the present petition has been filed by the petitioner.

Contentions of the Respondent:

The Learned Counsel for the Respondents raised a preliminary objection by submitting 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.

Observations of the Court

The Court noted that Marriage is a contract as per the Muslim Law and the 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 the 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.

Further, the Court observed that even if there is any grievance, the husband has a remedy to approach before the appropriate forum, but not the father-in-law, as he has no locus at all.

The decision of the Court:

The Allahabad High Court, dismissing the petition, held that the father-in-law of the detenue has no locus in the matter.

Case Title: Aarfa Bano Thru. Mohd. Hasim vs State Of U.P. Thru. Prin. Secy. Home Lko. And Ors.

Coram: Hon’ble Justice Shamim Ahmed

Case no.: HABEAS CORPUS WRIT PETITION No. - 148 of

2023

Advocate for the Petitioner: Mr. Sikandar Zulqarnain Khan

Advocate for the Respondent: G. A.  

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Deepak