Saurabh Malik
Tribune News Service
Chandigarh, September 16
A habeas corpus and protection petition by a mother for her son’s release from his wife’s alleged illegal custody has boomeranged. Taking suo motu cognisance of the wife’s plight after noticing that she had been shunted out of her matrimonial house, the Punjab and Haryana High Court has not only ordered police protection but also directed her mother-in-law and husband to pay Rs 1 lakh costs for unnecessarily dragging her into litigation.
Displaying the humanitarian side of law, Justice Arvind Singh Sangwan also ordered Rs 10,000 monthly maintenance till amicable settlement. Directions were also issued to the police to provide adequate accommodation in the house she was residing with her husband earlier.
‘Law being misused’
After going through an affidavit by the Nawanshahr DSP and hearing the wife, along with the counsel for the petitioner and the state, Justice Arvind Singh Sangwan asserted the petitions were nothing but sheer misuse of process of law to oust her from the matrimonial home.
The mother-in-law had alleged her son was staying inside, while his wife had pitched a tent outside. The warrant officer, appointed by the High Court, reported that the husband, inside the house, stated he would not open the gate as his wife and her relatives would kill him. He refused to leave alleging the wife and her relatives would grab and occupy his house forcibly. The wife, on the other hand, told her side of the story to the officer.
Appearing before Justice Sangwan’s Bench, the wife stated she had been shunted out without any fault and she was residing with her parents, as her mother-in-law and husband were demanding money. The Bench was also told she was forced to lodge a complaint for alleged harassment under Section 498A of the IPC, while a false civil suit was filed against her for injunction to oust her from the matrimonial home.
After going through an affidavit by the Nawanshahr DSP and hearing the wife, along with the counsel for the petitioner and the state, Justice Sangwan asserted the petitions were nothing but sheer misuse of process of law to oust her from the matrimonial home.
Before parting with the case, Justice Sangwan took suo motu notice on the “destitute woman’s plight” after observing that the warrant officer’s report showed that the husband was not in his wife’s illegal custody. Rather, the civil suit had also been filed to oust her.
Fixing the case for mid-November, Justice Sangwan directed the Deputy Commissioner and the Senior Superintendent of Police to ensure adequate accommodation in the house she was residing in. The SSP was also directed to depute a woman police officer to keep a watch on all activities and ensure safe residence of the woman and her minor son, who were forced to sit outside the house in the open. Legal Services Authority member secretary was also directed to provide a woman legal aid counsel for her to pursue the cases.
Ousted by in-laws, woman to get Rs1L costs, Rs10K/month: Punjab and Haryana High Court
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