Man Moves Habeas Corpus Plea In Bombay High Court Seeking Wife's Custody From Her Parents, Alleges Police Complicity

A division bench of Justice Revati Mohite-Dere and Justice Gauri Godse on Monday directed Naya Nagar Police Station in Mira Road to produce his wife before the court on June 20.

The petition states that the couple knew each other since 2017. The petitioner converted from Islam to Hinduism in order to marry her.

According to the petition, the couple got married as per Hindu customs at Vishweshwar temple in Bandra West, Mumbai on February 26, 2022, and had the marriage registered with BMC on July 8, 2022. However, they stayed with their respective parents after their marriage.

The petition states that on February 8, 2023, the wife called the husband informing him that her family members were harassing her; after which she came to stay with him. A few days later, two constables of Malwani Police Station came to their house and demanded the husband’s presence at the Naya Nagar Police Station, the petition claims.

They went to the police station with all documents of marriage. According to the petition, the wife’s father gave a missing person complaint to the police however she submitted a handwritten letter stating that the missing complaint is false. The petitioner alleged that the police officer made him send his wife with her father to avoid an FIR against her.

According to the petition, his last communication with his wife was on February 25, 2023, when he realized that she was taken to her hometown in Rajasthan. The petition states that the petitioner lodged a complaint at Naya Nagar police station alleging that his wife is unlawfully detained by her family members.

In March 2023, he received a legal notice from his wife stating that their marriage is invalid. The notice was also communicated to BMC in order to cancel the marriage certificate. The petitioner claims that his wife’s signature or the handwritten letter given to the police earlier and the signature on the legal notice do not match.

He has also filed a private complaint under sections 97 and 98 of CrPC before the Metropolitan Magistrate which is pending, according to the petition.

He has alleged that on May 13, 2023 a police officer from the Naya Nagar police stating forcefully took his signature in a letter stating his wife was not kidnapped and she went to her native place to see her grandmother.

Thus, he approached the Bombay High Court seeking custody of his wife. He has sought a search warrant to be issued to the Station House Officer, Naya Nagar police station and Malwani police station directing them to produce his wife before the court and then restore her to him.

He has also sought directions to his wife’s parents produce her before the court and then restore her to him.

He has further sought an order for immediate restoration of his wife to her liberty to and compliance of such order using necessary force.