Author- Neha Agarwal ( Banasthali Vidyapith, Rajasthan)
Supreme Court on dated 29 May 2019 in case of Ansar Nisha v. State of Tamil Nadu and ors, has set aside a Madras High Court order which refused the request of the wife of a murder-convict to stay with her in-laws.
In the present case, brother of appellant (Ansar Nisha) had approached to the Madras High Court by filing the Habeas Corpus Writ petition alleging her illegal custody/detention at the hands of murder convict, i.e. Tajudeen who is currently in serving life imprisonment in Central Prison, salem.
When women was brought before the High Court, told the bench she is not willing to stay with her mother but would prefer to say with her in-laws. The bench of high court, after taking into consideration ‘the safety and well-being of the detenue’, directed her to be housed in a home at Madras Christian Council of Social Service. The court further directed that during this period, no one shall be allowed to she the detenue.
Against this order the appellant file a criminal appeal to the Supreme Court, after taking into consideration about the fact that appellant is major and her desire is to stay with the family of her husband and not with her parents, the bench comprising of CJI Ranjan Gogoi and Justice Aniruddha Bose said : “We do not see how the High Court could have passed impugned interim order directing the appellant to be housed in the home at Madras Christian Council of Social Service… She being a major would have a right to choose to stay in the house of her husband along with the relatives of the husband.”
The bench then set aside the order of Madras High Court and directed to release appellant from the home at Madras Christian Council of Social Service.
To Read the Order: Click Here!
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