High Court allowed habeas corpus petition for inter-religious marriage ward. Found woman major, mentally sound, marriage voluntary. Directed respondents to hand over custody to petitioner with police protection due to family opposition.
Hand over custody of respondent No.6 to petitioner and provide police protection until she reaches petitioner's house.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Order reserved on : 12.04.2022
Order passed on : 22.04.2022
WPHC No. 05 of 2022
---- Petitioner
Versus
---- Respondents
| For Petitioner | : | Mr. Punit Ruparel, Advocate. |
|---|---|---|
| For Respondents No.1 to 4 | : | Mrs. Meena Shastri, Addl. A.G. |
| For Respondent No.5 and Intervenor Prem Chand Bhoi: |
: | Mr. Sabyasachi Bhaduri, Advocate |
| For Intervenor-Smt. Shiba Parvin |
: | Mr. Ashutosh Singh Kachhawaha, Advocate. |
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Hon’ble Shri Arup Kumar Goswami, Chief Justice
Hon’ble Shri Gautam Chourdiya, Judge
C A V Order
Per Gautam Chourdiya, J
By way of this writ petition filed under Article 226 of the Constitution of India, the petitioner is seeking issuance of a writ of habeas corpus for production of respondent No.6 before this Court who is said to be illegally detained by respondents No. 3 to 5 and thereafter, to hand her over to the petitioner.
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expressed her willingness to live with her husband i.e. the petitioner. It is alleged that on 4.2.2022 respondent No.5 Jitendra Kumar Vijaywar, Sub Inspector, took away respondent No.6 from the house of the petitioner and handed over her to Sakhi Center, Mahasamund (respondent No.4 herein). According to the petitioner, respondent No.6 has escaped from said Sakhi Center and she has been illegally detained by respondents No. 3 to 5 at some other place.
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authorities be directed to produce respondent No.6 before this Court and hand over her custody to the petitioner. It is also prayed that a direction be issued to the respondent authorities to provide police protection to respondent No.6 and the petitioner as the community to which respondent No.6 originally belongs have been opposing this marriage and as such, there is an imminent danger to their lives.
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application for intervention. During the course of arguments, both these intervenors were allowed to put forth their case and were heard at length.
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ill-treatment and cruelty by the petitioner and his family members to her and upon failure of all efforts for amicable settlement of the dispute, an FIR (Annexure A/1) for offence under Section 498A/34 of IPC was made by her against the petitioner and his family members on 16.9.2016 at Police Station-Basna, Distt. Mahasamund. Subsequently, the petitioner threatened her to withdraw the said FIR, which was reported by her to the police vide Annexure A/2. On her application under Section 125 of CrPC, the Family Court, Saraipali, vide order dated 24.11.2018, awarded maintenance @ Rs.3,000/- pm in favour of the intervenor and her children and for want of challenge to the said order, it has attained finality. However, the petitioner has only paid a total sum of Rs.17,000/- to them. Learned counsel for the intervenor does not dispute that it is only after filing of this intervention application that the petitioner has paid her total arrears of maintenance amount of Rs.78,000/- through money order.
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disputed by counsel for the intervenor.
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without any influence or pressure. The pendency of criminal case against the petitioner has no relevancy in the present petition seeking issuance of writ of habeas corpus.
Sd/ Sd/ (Arup Kumar Goswami) (Gautam Chourdiya) Chief Justice Judge
Khan
3 issues framed by the court
Whether a major Muslim woman can be forcibly detained against her will after an inter-religious marriage performed by her free will.
Whether the petitioner's pending criminal antecedents affect her right to custody.
Whether the woman should be handed over to her husband with police protection.
Mohd. Irfan
State of Chhattisgarh
Rabiya @ Muskan Bhoi
Sakhi Center
Prem Chand Bhoi
Smt. Shiba Parvin
Arup Kumar Goswami
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
