Muslim Father-In-Law Has No Locus To File Habeas Corpus Plea Seeking Presence/Custody Of Daughter-In-Law: Allahabad HC

With this, the bench of Justice Shamim Ahmed disposed of a Habeas plea filed by one Mohd. Hasim seeking custody of his daughter-in-law alleging that she is in illegal custody of her parents since 2021 and that they are not allowing her to go to her matrimonial house.

The Court noted that since the husband of the detenue is living in Kuwait for earning his livelihood, it may be possible that she herself does not want to go to her matrimonial house when her husband is not living there.

Stressing that under Muslim Law, Marriage is a contract and the husband is bound to give protection, shelter and fulfil all the desires and day-to-day requirements of his wife, the Court further remarked thus:

“After marriage, the husband of the detenue is living and earning in Kuwait and detenue is living with her parents, thus, it cannot be said that she is in illegal detention. It may be possible that detenue herself does not want to go to her matrimonial house when her husband is not living there.”

The Court added that even if there is any grievance, the husband has a remedy to approach before the appropriate forum, but not the father-in-law, as he has no locus.

Appearances

Counsel for Petitioner: Sikandar Zulqarnain Khan

Counsel for Respondent: GA Sushil Kumar Mishra

Case title - Aarfa Bano Thru. Mohd. Hasim vs. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others [HABEAS CORPUS WRIT PETITION No. - 148 of 2023]

Case Citation: 2023 LiveLaw (AB) 182

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