'She Has Right To Choose Her Stay': SC Allows Wife Of Murder-Convict To Stay With Her In-Laws [Read Order]

The Supreme Court has set aside a Madras High Court which refused the request of the wife of a murder-convict to stay with her in-laws.

The brother of Ansar Nisha had approached the High Court by filing a Habeas corpus petition alleging her illegal detention/custody at the hands of murder convict, Tajudeen, who is currently serving life imprisonment in Central Prison, Salem.

The woman, when brought before the high court, told the bench that she is not willing to go with her mother, but would prefer to stay with in-laws of Tajudeen.

The bench, taking into consideration 'the safety and well-being of the detenue', directed her to be housed in a home at Madras Christian Council of Social Service. The court further directed that nobody shall be permitted to see the detenue during this period.

On 29th April, although the woman reiterated her intention to stay with in-laws, the High Court ordered her to continue her stay in Madras Christian Council of Social Service. Against these orders, Ansar Nisha approached the Apex Court.

Taking note of the fact that the woman is a major, and has expressed her desire to stay with the family of her husband, the bench comprising CJI Ranjan Gogoi and Justice Aniruddha Bose, said:

"We do not see how the High Court could have passed impugned interim order directing the appellant to be housed in the home at Madras Christian Council of Social Service… She being a major would have a right to choose to stay in the house of her husband along with the relatives of the husband."

The court observed that she is clear of her intention to stay with her in-laws in their house and not with her parents. If that is so, we find no justification for the High Court to pass the impugned order, said the bench.

The bench then set aside the High Court order and directed her to be released from home at Madras Christian Council of Social Service. 

Click to Download Order

Read Order