HC issues notice to Delhi Police on husband's plea seeking wife's custody
Dec 31, 2021
New Delhi [India], December 31 : The Delhi High Court on Friday issued notice to Delhi Police and others on a plea moved by a husband seeking custody of his wife, stating that she has been sent to Nirmal Chhaya Nari Niketan against her wishes.
The Division Bench of Justice DN Patel and Justice Anu Malhotra on Friday sought a response from all the respondents including Delhi Police and the girl's parents in the matter and slated it for January 10, 2022.
The petitioner husband through his counsel Advocate Gurmit Singh Hans stated that on December 16, 2021, the couple got married at Arya Samaj Vivah Sthal trust, in the presence of two major witnesses and after solemnization of the said marriage, they returned to the matrimonial home of the petitioner.
The petitioner claimed that the love marriage was against the wishes of the parents of the girl and due to the same, they lodged a false criminal complaint with the Delhi Police against the petitioner that he had married their daughter by putting pressure.
The plea further stated that on the basis of the complaint, the police had called the couple at the Police station on December 19, 2021, wherein the police after interrogation decided to hand over the girl to the officials of Nirmal Chaya, Nari Niketan against the wishes of both husband and wife on December 20, 2021.
The petitioner sought the court's intervention in the matter and sought the issuance of direction to the respondents to recover his wife, from the illegal custody.
The petitioner is also invoking the writ jurisdiction of the Court to direct the respondents not to interfere in the legal and fundamental rights of the Petitioner.