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498A IPC Case: “Her Behaviour Does Not Appear To Be Normal In First Blush”: Delhi High Court.

The Delhi High Court has granted interim custody of a woman to her father after observing that her behavior appears abnormal and has suffered partial loss of memory and speech after allegedly being mentally and physically tortured by her husband and in-laws.

Socio Legal Corp

The Delhi High Court has granted interim custody of a woman to her father after observing that her behavior appears abnormal and has suffered partial loss of memory and speech after allegedly being mentally and physically tortured by her husband and in-laws.

“Ms. Shweta, the daughter, is also present by way of video-conferencing; but it is evident to the court that she is not able to communicate by speech nor does her behavior appear to be normal on first blush.”

The Court also directed that the woman should be examined by a mental trauma and illnesses specialist at the Institute of Human Behavior & Allied Sciences (IHBAS), New Delhi by the SHO, PS Sagarpur in the presence and under the supervision of the petitioner father.

The woman’s father had filed a habeas corpus writ petition against the woman’s husband and in-laws that she was being kept in illegal detention by them. An FIR was also registered against them under sections 498A, 331, and 34 of IPC last year.

Her husband, however, stated that she had developed mental problems but not due to his fault or his parents and that he is getting her treated by a specialist doctor.

The Court took note of the fact that she was unable to articulate herself reasonably and thus observed
“Considering the aforesaid state of affairs, first-and-foremost this court is concerned about the state of mental health and physical wellbeing of the daughter.”

The Court directed the custody of the woman and her three and half-year-old girl child to be given to her father till the next date of hearing, I.e., 5th July.

By- Arshita

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