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2023 DIGILAW 460 (ALL)

Renu v. State of U. P.

2023-02-15

RAM MANOHAR NARAYAN MISHRA

body2023
JUDGMENT : 1. Heard learned counsel for the petitioner, learned counsel for the private respondent and learned A.G.A. for the State. 2. Pursuant to order dated 12.1.2023 of this Court, petitioner no. 1 Smt. Renu has been produced before this Court today by respondent nos. 3 and 4. She is escorted by S.I. Santosh Kumar, P.N.O. No. 932920126 and a lady constable of P.S. Chandauli. Corpus is also accompanied by a child namely Akash aged around 9 years. Petitioner no. 2 Ram Singh, who is brother of corpus is also present before this Court. Corpus is appearing as a women of unsound and mentally ill. She failed to answer any question asked by this Court. Corpus even failed to recognize her mother. 3. Learned counsel for the petitioners submitted that although this is admitted that corpus is legally wedded wife of respondent no. 4 but he is not taking any care of corpus who is suffering from mental illness. He has also solemnized marriage with some other lady who is resident of Bihar and an N.C.R. has also been filed by petitioner no. 2 against respondent no. 4 in this regard. He has not sent the corpus off to her parental place for all along seven years. The corpus was not un-sound minded women from the very beginning, but she became mentally sick after marriage. Petitioner no. 2 and his mother seeks custody of corpus for her proper treatment and welfare. Both sides, who are contesting parties in present case, are resident of District Chandauli. Charge sheet has also been filed under Section 498A, 323, 504 IPC and 3/4 D.P. Act against respondent no. 4 on 23.12.2020. The said case was lodged at the instance of Girja Devi, mother of the corpus. 4. Per contra, learned counsel for the private respondent submitted that it is wrong to say that respondent no. 4 has contracted second marriage with some other lady. Respondent no. 4 is getting treatment of his wife at mental hospital, Varanasi and the papers regarding her treatment has been filed as Annexure-3 to the counter affidavit. He has committed no offence. As the corpus is admittedly legally wedded wife of respondent no. 4, she cannot be detained in illegal custody of her husband. 5. Respondent no. 4 is getting treatment of his wife at mental hospital, Varanasi and the papers regarding her treatment has been filed as Annexure-3 to the counter affidavit. He has committed no offence. As the corpus is admittedly legally wedded wife of respondent no. 4, she cannot be detained in illegal custody of her husband. 5. Considering the rival submissions of learned counsel for the parties, learned A.G.A. for the State and keeping in view the fact that corpus is legally wedded wife of respondent no. 4 and she also bears a child aged around 9 years who is present before this Court and he has raised no allegation against his father regarding ill treatment of his mother or having any stepmother with him, it cannot be discerned in facts and circumstances that the corpus is illegally detained by respondent no. 4. This is unfortunate aspect of the present case that the corpus is a lady of unsound mind and on perusal of medical papers filed along with counter affidavit, it appears that some treatment has been given to the corpus at the instance of respondent no. 4 at mental hospital, Varanasi. Therefore in the facts and circumstances of the case, no order regarding transfer of custody of corpus to her mother and brother is desirable at this juncture, however, petitioner no. 2 is brother of the corpus and Smt. Girja Devi is mother of the corpus, who is present before this Court, will have visitation rights of the corpus as both belonged to same district. Petitioner no. 2 and his mother will have visitation rights of the corpus twice in each month, preferably on Sunday, between 11:00 am to 6:00 pm and the respondent no. 4 will not create any impediment, hindrance or obstruction for realizing visitation right of brother and mother of the corpus and if any obstruction is created by respondent no. 4 or his family members, matter would be reported by petitioner no. 2 to S.H.O. of local P.S. of District Chandauli, who will take necessary action to ensure compliance of this order regarding visitation rights of brother and mother of the corpus at nearest police outpost situated in the vicinity of the house of respondent no. 4. Respondent no. 4 will facilitate the meeting of her mother and brother for observance of their visitation rights granted in present order. 6. 4. Respondent no. 4 will facilitate the meeting of her mother and brother for observance of their visitation rights granted in present order. 6. Instant petition stands disposed of subject to above observations. 7. However, petitioner no. 2 will be at liberty to seek appropriate relief before statutory Forum or Court regarding custody of the corpus and same will be decided by appropriate Court/Forum without being bound by any observations made in the present case. 8. Respondent no. 4 is permitted to take back the corpus and her son along with him to the place from where they have been brought.