The Delhi High Court was recently dealing with a habeas corpus petition filed by the father of a woman. According to the man, his daughter suffered partial loss of memory and speech after she was allegedly mentally and physically tortured by her husband and in laws. Observing that the woman’s behaviour did not appear to be normal in first blush, the court granted interim custody of the married woman to her father.
Ms. XXX the daughter, is also present by way of video- conferencing; but it is evident to the court that she is not able to communicate by speech nor does her behaviour appear to be normal on first blush.
After noting their observations, and before taking the final view in the matter, the court directed that the woman must be examined by a doctor specialising in mental trauma and illnesses at the Institute of Human Behaviour & Allied Sciences (IHBAS), New Delhi by the SHO,PS Sagarpur in the presence and under the supervision of the petitioner father.
Case:
The petition was filed by woman’s father who had alleged that his daughter, by reason of certain matrimonial discord was kept in illegal detention her husband, father-in-law and mother-in-law respectively.
An FIR was also registered on March 2, 2020 against the respondents (husband and his family) under:
- Section 498A
- Section 313
- Section 34
…of the IPC. The father accused his daughter’s in-laws of torturing her with mental trauma, resulting in partial loss of her memory and speech.
Husband’s Defense
The husband had submitted that his wife has developed mental problems but not by reason of any fault on his part or on the part of his parents; and that he is getting his wife treated by a specialist doctor, who has indicated that his wife’s mental illness will take some time to get resolved.
Delhi High Court
During the course of hearing, both husband and the wife were present before the court through Video Conferencing. The court took note of the fact that the woman was “not able to communicate by speech nor does her behaviour appear to be normal on first blush”. Thus, the court ordered,
Considering the aforesaid state of affairs, first-and-foremost this court is concerned about the state of mental health and physical wellbeing of the daughter.
The Court also directed that in the fitness of things that until the next date of hearing, the custody of the woman along with her three and half year old girl child be given to her father with whom they would reside for the time being and who would be responsible for their safety and well being.
Let the medical examination as directed above be completed within 10 days from today; and a status report detailing the opinion of the doctors, and the line of treatment suggested by them, be filed by the State before this court on or before the next date of hearing, without sharing a copy with the private respondents.
The matter will now be considered on July 5.
