Woman Marries Against Wishes Of Parents: High Court Directs Delhi Police To Provide Safe Travel Passage For Uniting Her With Husband

The Delhi High Court has directed the Delhi Police to provide a safe travel passage to a woman who had married a man against the wishes of her family. The husband was employed in Chennai.

Uniting the woman with her husband, Justice Siddharth Mridul and Justice Anup J. Bhambhani took note of the fact that both were major individuals and that the woman had married with her own free will and volition, although against the wishes of her parents.

The Court also took note of the marriage certificate dated November 22, 2021 issued by an Arya Samaj Mandir as an evidence of their marriage.

The Court was dealing with a Habeas corpus petition filed by the husband seeking a direction to release his wife who was allegedly illegally confined by her father, who was a police officer with the Delhi Police.

After interacting with the woman appearing before the Court from her paternal residence through video conferencing in the forenoon session, she had expressed the desire to make submissions from the safety of a police station. Accordingly, the bench directed the Delhi Police to escort the woman to the concerned police station.

After reaching the police station, the woman interacted with the Court and expressed her desire to join the company of her husband, thereby urging that she was fearful for the safety and security of the husband as well as herself.

During the course of hearing, the Court took note of the fact that the woman had made a statement before a Metropolitan Magistrate under sec. 164 of the CrPC which was contrary to what she was submitting before the Bench.

On this, the woman submitted that the said statement was made by her under serious duress, since she was threatened by her family that a Khap Panchayat in Rajasthan was looking into her marriage and had decided to 'eliminate' her as well as the husband.

Accordingly, the Court directed the SHO concerned where an FIR was registered against the husband, to get the woman's statement recorded afresh by a competent Magistrate under sec. 164 of Cr.P.C.

The counsel appearing for the petitioner husband submitted that the petitioner was in a position to make arrangements for the woman to travel to Chennai where he was presently employed.

Accordingly the Court directed the Delhi Police to lodge the woman at Nirmal Chhaya Home under the care and custody of a female Inspector Nisha Sharma till she could travel to Chennai.

The Court therefore granted liberty to the petitioner to arrange for an air-ticket for for his wife to travel from Delhi to Chennai. The Court also directed the female Inspector to ensure her safe passage from Nirmal Chhaya Home to the IGI Airport and also to ensure that she gets on to the flight.

"Learned counsel appearing on behalf of the petitioner is directed to co-ordinate the aforesaid programme," the Court added.

Accordingly, the plea was disposed of.

Title: NEMI CHAND GOD v. STATE (NCT OF DELHI) AND ORS.

Citation: 2022 LiveLaw (Del) 33

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