The Allahabad High Court while disposing of a habeas corpus petition by a father-in law to seek custody of his daughter-in-law, allegedly detained “illegally” by her parents, has held that even in cases of grievance, father-in-law has no locus at all.

“Marriage is a contract as per the Muslim Law and husband is bound to give protection, shelter and fulfill all the desires and day to day requirements of his wife…It may be possible that detenue herself does not want to go to her matrimonial house when her husband is not living there. Even if there is any grievance, the husband has remedy to approach before appropriate forum, but not the father-in-law, as he has no locus at all”, a bench Justice Shamim Ahmed observed in the matter.

Advocate Sikandar Zulqarnain Khan, appeared for the petitioner, and A.G.A. Sushil Kumar Mishra, appeared for the respondents.

In the present matter, the petitioner-father-in-law had alleged that his daughter-in-law was in illegal custody of her parents, who are not allowing her to go to her matrimonial house. Thus, he sought custody of the detenue to be given to him.

It was also submitted that the son of the petitioner and the husband of the detenue, is living in Kuwait to earn his livelihood.

The State, however, raised a preliminary objection on maintainability of the petition, as it was filed by the father-in-law, and not the husband.

The Court after considering the factual matrix of the present case, therefore, noted, “After marriage the husband of the detenue is living and earning in Kuwait and detenue is living with her parents, thus, it cannot be said that she is in illegal detention”.

Cause Title: Aarfa Bano Thru. Mohd. Hasim v. State Of U.P. Thru. Prin. Secy. Home Lko.And 3 Others [Neutral Citation No. - 2023:AHC-LKO:34533]

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Justice Shamim Ahmed

Agatha Shukla