Being Major She Is Entitled To Lead Her Life Unimpeded By Parental Coercion: SC Grants Protection To Couple Apprehending Danger To Life
The Supreme Court in a Special Leave Petition, recently stayed the operation of the impugned order dated August 10, 2023 whereby the Gujarat High Court had rejected the petitioner-husband’s plea seeking custody of his wife who was allegedly detained by her parents. The High Court had imposed a cost of Rs.10,000, observing that he had suppressed his marital status at the time of filing the petition and had come out with a false story of so-called divorce.
The Apex Court, however, noted the wife’s statements recorded as per the earlier directions of the Court, claiming that she was in fact willing to live with him, but her parents had threatened her. Accordingly, while issuing notice to the respondents in the matter, the Court directed the Superintendent of Police to take immediate steps to ensure that the wife is released from the custody of her parents and is escorted if she so wishes. Furthermore, directed to ensure that adequate police protection is to be given to both the petitioner and his wife, pending further orders of the Court.
A bench of Chief Justice of India D.Y. Chandrachud, Justice P.S. Narasimha, and Justice Manoj Misra had thus observed that it is “…abundantly clear that there is prima facie substance in the grievance of the petitioner that Ms Alkaben Merajibhai Mali is being held by her parents contrary to her wishes and that she wants to reside with the petitioner. Moreover, it is apparent from the above statements that she has been threatened and apprehends that her life is in danger. She is a major and is entitled to lead her life unimpeded by parental compulsion or coercion”.
Advocate D.N. Ray appeared for the petitioner.
In the present matter, the petitioner before the High Court had prayed for a writ of Habeas Corpus requesting the Court to issue direction to the Police Inspector to produce his wife before the Court to ascertain her wish. As per the allegations, his in-laws (parents of his wife) had illegally confined her and was beaten to compel her to get divorce from the petitioner.
In accordance with the order dated August 25, 2023, the Principal Judge of the Family had placed on record relevant documents, including the wife’s statements that was translated in English.
As per the statements of the wife, she wanted to live with the petitioner, however the societal pressures led her back home. It was further submitted in the statements that her parents her threatened her that if she makes an attempt to go with him again, they would kill them both.
“I have given a statement today. I am very scared. Help me go with my husband. Right now. My family will kill me. I implore you. I want to go with my husband right now. I do not want to go back home. If I go back home, I shall be abducted. I will be killed. I will be sent to another State Rajasthan. I am scared. I want to live with Pintubhai. That is all I want to say. I request you to send me with Pintubhai. Today. Otherwise, my family will kill me. My family had threatened me a lot. They told me that I shall be abducted if I am not sent to them. Then, he had to give me away into the community. I have one request. A request. I want to go with my husband today with Pintubhai”, she had recorded in her statements.
Accordingly, the bench has listed the matter on October 3, 2023, for further hearing.
Cause Title: Pintubhai Raychandji Mali v. The State of Gujarat & Ors.
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