Matrimonial Cruelty- "Why Police Forcing Woman To Go Back To Husband": Allahabad High Court Seeks SP's Reply

The Allahabad High Court on Wednesday called for an explanation from Senior Superintendent of Police, Aligarh, and the Superintendent of Police, Kasganj as to why a woman, harassed by her husband and thrown out of her matrimonial house was being forced by the police to go back to her husband.

The Bench of Justice J. J. Munir noted:

"The petitioner prima facie is a deserted woman, who has nowhere to go and is now facing harassment at the hands of the respondents, including the police to go back to her husband where she may become a victim of matrimonial cruelty, and maybe, face danger to her life."

The matter before the Court

The order came on the plea filed by a woman who alleged that her husband and his relatives threw her out of the matrimonial home and now she was being harassed by the local police at the instance of her husband, as they are compelling her to go back to her matrimonial home.

She has alleged that she was beaten by her husband and subjected to domestic violence, mental and physical cruelty. She complained to her brothers and uncles regarding dowry demand and cruelty meted out to her by her husband but they did not take any notice.

She also filed a written complaint at Police Station Dadon, District Aligarh, however, she claimed that now, even the police have started harassing her.

Lastly, she expressed her apprehension that she would be killed by her husband and his relatives for dowry.

Prima facie, the Court found substance in what she claimed and the relief that she sought. Calling for an explanation from the Police Officers, the Court remarked:

"The petitioner's grievance is not about merely the offence of which she has become a victim or the matrimonial cruelty. She has been thrown out from her matrimonial home and refused to be given shelter by her brothers and uncles. She has been destituted by all those who ought to have taken care of her."

The matter has now been listed for further hearing on July 9, 2021.

Case title - Baby And Another v. State Of U.P. And 6 Others

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