The High Court of Madhya Pradesh recently ordered a man accused of beating his wife to live with his wife at her in-laws’ house for a month “so that the family can be together forever”. The order came from the bench of Judge Rohit Arya on a habeas corpus plea filed by his wife (Geeta Rajak) seeking a writ of habeas corpus for the production of the missing corpus of his…
the High Court of Madhya Pradesh recently ordered a man accused of beating his wife to live with his wife at his in-laws’ home for a month”so that the family will be together forever“.
The order came from the bench of Judge Rohit Arya on a habeas corpus plea filed by his wife (Geeta Rajak) seeking a writ of habeas corpus for the production of the missing corpus of her two-year-old baby boy.
In her plea, the Wife alleged that Respondent #5 (Husband), while intoxicated, not only mistreated her and subjected her to physical abuse and assault, but also kicked her out of her home and forcibly took the child from his possession. .
Therefore, she argued that as a mother, based on the facts and circumstances of the case, she was entitled to custody of the baby, taking into account the child’s age and well-being.
On the other hand, the lawyer representing Respondent #5/husband denied the allegations arguing that the Applicant had left Respondent #5’s house on her own, leaving the child with him.
During the hearing, Respondent #5 stated that the Applicant/Wife was invited to come home and live with the family and that he would do all due diligence, however, the Applicant expressed fear that her husband’s misbehavior would be repeated. and ill-treatment.
In these circumstances, the Court suggested that the Bridegroom go and live at his in-laws’ home (wife’s maternal home) for a period of one month.
This suggestion was welcomed by the Applicant/wife’s parents present in court who also stated that they were not only prepared to allow Respondent 5/husband to stay with them, but would take also take good care of him so that the family is reunited for all times to come.
Appreciating the gesture shown by the applicant’s parents, the Court thus ordered:
- Respondent No. 5/Husband, accompanied by the little boy, will accompany the parents of the applicant to their house and stay there for a period of one month.
- The parents of the applicant and the applicant must ensure the proper care of respondent n°5. This, in fact, is a healing process for the healthy and united life of the couple with their baby.
With this, the Court has scheduled the case for a new hearing on March 22, 2020 when the Petitioner, her parents, as well as Respondent No. 5 and the corpus will remain present before the Court.
Case title – SMT. GEETA RAJAK AGAINST THE STATE OF MADHYA PRADESH AND OTHERS
Click here to read/download the order