May 30, 2019:
On Wednesday, Supreme Court quashed the interim order by Madras High Court of keeping a woman at Family Counselling Centre and not allowing her to stay at her in-laws house stating there was no justification to pass the impugned order.
The Apex Court stated that the woman is a major and she cannot be kept in the Family Counselling Centre against her will. The Court finds no justification for the High Court to pass the impugned order.
Husband of the appellant was in custody and she wanted to reside with her in-laws.
Supreme Court expressed its view as "we do not see how the High Court could have passed impugned interim order directing the appellant to be housed in the home at Madras Christian Council of Social Service, No.21, 6th Main Road, Jawahar Nagar, Perambur, Chennai. The appellant being a major would have a right to choose to stay in the house of her husband along with the relatives of the husband".
Thus quashing the order, it allowed the woman to pursue her will while observing "From the averments made before us in the appeal, it is quite clear that the appellant is clear of her intention to stay with her in-laws in their house and not with her parents. If that is so, we find no justification for theHigh Court to pass the impugned order".
The Order was passed by bench comprising of Chief Justice of India Ranjan Gogoi and Justice Aniruddha Bose on 29.05.2019.
Read the Order here:
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