Police Peeping Into Private Life Rather Than Bringing Some Succor To Deserted Lady: Allahabad HC In Matrimonial Cruelty Case

Dealing with a case of alleged harassment by police of a woman who was thrown out of her matrimonial house by her husband, the Allahabad High Court recently observed that prima facie the conduct of the police showcased an insensitive approach.

The Bench of Justice J. J. Munir remarked:

"Prima facie the circumstances do indicate that the Police are being the busy body in this matter and peeping into the private life of the first petitioner, rather than bringing some succor to her."

During the course of the previous hearing, the Allahabad High Court had 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.

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

It was her case that her husband had thrown her out of her matrimonial home and she had sought shelter with her friend, Mukesh, once her brothers and uncles have refused to provide her shelter.

Pursuant to the Court's order, a personal affidavit was filed by Kalanidhi Naithani, Senior Superintendent of Police, Aligarh, and observed that it was not entirely undisputed that the Police have not interfered into the privacy and liberty of the deserted Woman.

In the affidavit, it was admitted that on a missing report, a Sub-Inspector Dinesh Chandra Yadav went to village Pritam Nagar, District Kasganj, and found that the woman was living with a person named Mukesh of her free will. 

To this, the Court observed that the question was whether the Police have harassed her and asked her to go back and join the company of her husband.

Thus, a further affidavit was directed to be filed by the Senior Superintendent of Police, Aligarh which shall be his personal affidavit, and an affidavit was also called from Manoj Kumar Sonkar, the Superintendent of Police, Kasganj.

In compliance with the order, a personal affidavit was submitted stating that on July 11, 2021, a report was submitted by the Circle Officer, Atrauli, Aligarh to the Senior Superintendent of Police, Aligarh which dispelled the Woman's stand that the petitioners were threatened by a police officer in any manner or that the Police harassed her while she was staying with her friend Mukesh.

However, the Court noted that the personal affidavit of the Senior Superintendent of Police was in the nature of a counter-affidavit and thus, the Court gave the liberty to the counsel for the petitioner to file a rejoinder affidavit and thus, the matter was listed on July 26, 2021.

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

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