The Delhi High Court has ordered the release of a man illegally detained by his parents and directed the Jaffarpur SHO to escort the newly-married to the residence of the wife (the petitioner) in Dhansa village, Jaffarpur.
The Bench of Justice Siddharth Mridul and Justice Anup Jairam Bhambhani while disposing of the petition, cited the Apex Court’s Judgment in Ashok Kumar Todi vs. Kishwar Jahan by Justice P. Sathasivam and Justice B.S. Chauhan,
“Held that where the boy and girl are majors, and if they perform inter-caste or interreligious marriage, it is the duty of all persons in the administration/police authorities throughout the country to see that their marital life is not disturbed and that such newly-weds are not harassed.”
The Court has directed SHO P.S. Jaffarpur to provide adequate security to the newly-wed couple and provide them with his mobile telephone number, to enable the latter to call him in the event of any threat or apprehension.
The petitioner, who is a major and is newly married, has filed a Habeas Corpus writ petition seeking the release of her husband who was illegally detained by some men hired by his father and mother.
It was the case of the petitioner that she and her husband got married this year at an Arya Samaj Mandir on their free will but against the wishes of her husband’s parents. After the marriage was solemnized, the couple shifted to Gurugram, Haryana. On the very next day, the father of the man took him away by intimidating the petitioner and kept his son captive for next 10 days at an unknown place. The man managed to get out and called the petitioner.
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The petitioner later turned up at Najafgarh where the man was kept and took him with her to their rented accommodation at Gurugram. The petitioner with her husband then shifted to Rajasthan to save themselves. After a period of 15 days in Rajasthan, the petitioner got a call from Police Station Najafgarh, to present them after a complaint was filed by the husband’s parents against the petitioner’s parents.
An amicable settlement was made between two families at the Police Station and it was agreed by the man parents that a proper marriage will be arranged with all the rituals and all the requirements would be fulfilled by the petitioner’s parents and the same was duly signed. The man’s parents took him away and later denied their intention with respect to the consent given at PS Najafgargh. The petitioner’s husband was detained by his parents and was intimidated to break all ties with the petitioner.
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Richa Dhawan, the counsel for the petitioner, states that ever since the petitioner made a complaint to the DCP qua the subject matter of the present habeas corpus petition, she is being coerced to withdraw the same or face dire consequences, including threats of false implication.
The Court while allowing the petition also directed the concerned authority to sensitize the beat constable in this regard and to provide safety to the newly married couple.
Read the order here;
habeas-corpus-petition-under-Article-226