Can wife stays with friend instead of staying with husband ?
In a significant legal development, the Uttarakhand High Court has recently ruled on a Habeas Corpus petition, ultimately dismissing it on the grounds that the detained individual, Smt. Sushma Singh, was found to be present of her own accord.The judgment was delivered jointly by Justices Manoj Kumar Tiwari and Pankaj Purohit.The Habeas Corpus petition, identified as HABC No.18 of 2022, had been filed by the appellant/applicant, represented by Mr. M.C. Pant.The petition sought the intervention of the court to secure the release of Smt. Sushma Singh, who was allegedly being unlawfully detained by respondent no.9.The petitioner’s counsel argued that Smt. Sushma Singh was the wife of the petitioner, with their marriage taking place on February 26, 2012.The petitioner contended that Smt. Singh had left their residence in Dehradun on August 7, 2022, to stay with her parents in Faridabad.However, she failed to return, despite their daughter continuing to live with the petitioner. The petitioner expressed concerns about Smt. Singh’s alleged unlawful detention, prompting the filing of the Habeas Corpus petition.In response, the High Court had previously issued an order on May 4, 2023, directing respondent nos. 2 and 3 to ensure the presence of Smt. Sushma Singh in court on the next hearing date.Accordingly, Smt. Singh appeared before the court as instructed. During the proceedings, Smt. Sushma Singh declared that she had chosen to reside willingly with respondent no.9 in Faridabad.She further alleged that the petitioner had subjected her to mistreatment, which motivated her decision not to return to Dehradun and instead stay away from her husband.The petitioner’s counsel refuted Smt. Singh’s claims, asserting that her departure was without a valid reason and that her allegations lacked merit.After carefully considering the statements provided by Smt. Sushma Singh, the court reached the conclusion that “she was living with respondent no.9 voluntarily and of her own free will.”Consequently, the court found no grounds to issue any further orders in the matter.As a result, the Habeas Corpus petition was dismissed in light of Smt. Singh’s statement.Case No.:HABC No.18 of 2022Bench: Justice Manoj Kumar Tiwari and Justice Pankaj PurohitOrder dated: 14.06.2023Dr. Ajay Kummar Pandey
( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )Advocate & Consultant, Supreme Court of India & High Courts4C Supreme Law International, Delhi, NCR. Mumbai & DubaiTel: M- 91- 9818320572. Email: editor.kumar@gmail.comWebsite: www.ajaykr.com, www.4Csupremelawint.com
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