Apprehension of Wife of ill treatment by in Laws in an interreligious Marriage well placed, HC refuses Husband's Habeas Corpus, Read Order

The Kerala High Court has recently while dealing with an issue concerning inter-fait marriage dismissed Habeas Corpus of a husband who demanded her wife be freed from the alleged illegal detention of his father-in-law.

The Division Bench of Justice K. Vinodchandran and Justice C. Jayachandran rejected the contention of the husband that his wife is in 'illegal detention' of her father.

The petitioner married the detenue after a long affair between the twoThey belong to different religions and due to the possible objections from their families, their marriage was got registered under the Special Marriage Act.

However, from 12.5.2022 onwards, the detenue stopped contacting the petitioner and it is the alegation of the petitioner-husband that she has been illegally confined by her father.

The Police Complaint was stagnant in progress, therefore the present petition.

The Court had directed the to get a statement of the alleged detenue by a Woman Civil Police Officer, without the presence of the parents or any other family members of the alleged detenue

In the said statement she has claimed the marriage was registered without the knowledge of their parents. She accompaine the petitioner after one month and everybody got to know about their union. She said they are not willing to accept them and that the parents of the petitioner would never permit them to live together. She claimed she is seriously apprehensive of her safety at the house of the petitioner and that she is not under any illegal detention of her parents.

Denying any sort of torure by her family, she said she is willing to live with the petitioner but she fears that she would be ill-treated by his parents.

The petition was dismissed with observation below:

"We see that the alleged detenue is ambivalent in her stand and she prevaricates as between her desire to be with the petitioner on the one hand, and her serious apprehension and fear of being ill-treated by the parents of the petitioner, on the other hand."

Read Order @LatestLaws.com:

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