Recently, the Calcutta High Court dealt with a matter involving a man reported missing for over a year. After hearing the case, the Court observed that the individual was not missing but had chosen to live independently due to marital discord. It noted that the husband had explicitly expressed his desire to remain separated from his family.
The petitioner, a woman, approached the High Court alleging that her husband had been missing for the past 15 months and suspected her in-laws were confining him. She claimed to have filed an FIR on October 12, 2023 and subsequently published a missing person notice in a newspaper on December 20, 2023. The petitioner accused the police of inaction despite her claims that her husband might be held in a godown in Maniktala by her in-laws.
The case was presented before a division bench comprising Justice Arijit Banerjee and Justice Apurba Sinha Ray. The Court directed the police to file a report on the matter. The authorities later informed the Court that the husband had been located and had voluntarily recorded his statement under Section 164 of the CrPC, expressing his intention to live independently.
The petitioner alleged that her husband’s disappearance was a result of unlawful confinement by his family. She also claimed that her in-laws had subjected her to mental abuse and driven her out of the matrimonial home shortly after her marriage on May 9, 2022. According to the petitioner, despite the marital disputes, she and her husband occasionally met, with their last meeting taking place on September 18, 2023. Since then, she had been unable to trace him, prompting her legal action.
The division bench recorded that the man, identified as Sandip, had appeared in court and was confirmed to be alive and well by both the state counsel and the investigating officer. Referring to Sandip’s statement recorded before the magistrate, the court noted, “He does not want to live with anybody and wishes to stay on his own.”
The Court further observed that Sandip’s statement indicated that he had been driven out of his matrimonial home by his wife and had since chosen a life of solitude, wandering as a vagabond. The bench remarked that Sandip could no longer be classified as a missing person, as he had been located and had appeared in court to confirm his position.
Concluding the matter, the High Court ruled that the man was not under any illegal confinement and had exercised his autonomy in deciding to live separately. The court directed the parties to address their marital issues independently and closed the case.
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