"Her Behavior Does Not Appear To Be Normal In First Blush": Delhi High Court Grants Interim Custody Of Woman To Father In 498A Case

Dealing with a habeas corpus petition, the Delhi High Court has granted interim custody of a woman to her father who had suffered partial loss of memory and speech after she was allegedly mentally and physically tortured by her husband and in laws, after observing that her behavior does not appear to be normal in first blush. 

A division bench comprising of Justice Anup J Bhambhani and Justice Jasmeet Singh, who had interacted with the woman through video conferencing, observed thus:

"Ms. Shweta, the daughter, is also present by way of video- conferencing; but it is evident to the court that she is not able to communicate by speech nor does her behaviour appear to be normal on first blush."

Observing so, the Court directed that before taking the final view of the matter, the woman must be examined by a doctor specializing in mental trauma and illnesses at the Institute of Human Behaviour & Allied Sciences (IHBAS), New Delhi by the SHO,PS Sagarpur in the presence and under the supervision of the petitioner father.

The development came in a plea filed by woman's father who had alleged that his daughter, by reason of certain matrimonial discord was kept in illegal detention her husband, father-in-law and mother-in-law respectively.

An FIR was registered on 2nd March last year against the respondents under sec. 498A, 313 and 34 of IPC. It was the case of the petitioner father that his daughter has suffered severe mental trauma, resulting in partial loss of memory and speech.

During the course of hearing, both husband and the wife were present before the Court through Video Conferencing.

The husband had submitted that his wife has developed mental problems but not by reason of any fault on his part or on the part of his parents; and that he is getting his wife treated by a specialist doctor, who has indicated that his wife's mental illness will take some time to get resolved.

However, the Court took note of the fact that the woman was "not able to communicate by speech nor does her behaviour appear to be normal on first blush".

In view of this, the Court observed thus:

"Considering the aforesaid state of affairs, first-and-foremost this court is concerned about the state of mental health and physical wellbeing of the daughter."

The Court directed that in the fitness of things that until the next date of hearing, the custody of the woman along with her three and half year old girl child be given to her father with whom they would reside for the time being and who would be responsible for their safety and well being.

"Let the medical examination as directed above be completed within 10 days from today; and a status report detailing the opinion of the doctors, and the line of treatment suggested by them, be filed by the State before this court on or before the next date of hearing, without sharing a copy with the private respondents." The Court directed.

The matter will now be considered on 5th July.

Title: SUSHIL GUPTA v. NCT OF DELHI & ORS.

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