The Delhi High Court has directed that a married woman, who suffered severe mental trauma, resulting in partial loss of memory and speech, allegedly at the hands of her husband and in-laws, be put under the interim custody of her father.
A vacation Bench of Justices Anup Jairam Bhambhani and Jasmeet Singh gave the direction on a habeas corpus petition by the woman’s father.
The father sought production of his married daughter, who also has a three-year-old girl child, before the court alleging that due to certain matrimonial discord, she is being held in illegal detention by her husband, father-in-law and mother-in-law.
The father stated that due to mental and physical torture unleashed by her husband and in-laws, including actions that are subject matter of FIR, his daughter has suffered severe mental trauma, resulting in partial loss of memory and speech.
During the hearing, the daughter was produced by way of video-conferencing, where the court noticed that “she is not able to communicate by speech nor does her behaviour appear to be normal on first blush.”
The husband, who also joined the video-conference hearing, 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. He also submitted that his wife is being treated by a specialist doctor, who has indicated that her mental illness will take some time to get resolved.
“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 remarked.
It directed that the daughter be examined by a doctor specialising in mental trauma and illnesses at the Institute of Human Behaviour and Allied Sciences (IHBAS) in the presence and under the supervision of her father.
Order to police
“This court is also of the view that it would be in the fitness of things that, at least for the present and until the next date of hearing, the custody of [the daughter] along with her 3 ½ year old girl child, be given to the petitioner [the father],” the court said, directing the local Station House Officer to ensure the custody of the daughter to the father.
The court further directed that the status report detailing the opinion of the doctors and the line of treatment suggested in the case be submitted before the next date of hearing on July 5. The report would not be shared with the husband or her in-laws, the Bench added.
