Last Updated on July 19, 2021 by Administrator
By- Shrey Garg
The Allahabad High Court in the case of Baby and Another v. State of UP has observed that the police is indulging in an insensitive conduct instead of providing succor as regards to a women who has allegedly been thrown out of her matrimonial house by her husband.
The Single Judge Bench of Justice J.J Munir has directed Senior Superintendent of Police, Aligarh, and the Superintendent of Police, Kasganj to explain as to why a victim of matrimonial cruelty by her husband is being coerced by the police to go back to her matrimonial house and live with her husband.
The women claim that after her husband had abandoned her, she approached her brothers and uncles to provide her shelter but they refused. Therefore, she asked her friend Mukesh to provide her shelter who agreed.
Complying with the court order Senior Superintendent of Police, Aligarh Kalnidhi Naithani filed a personal affidavit. As per the affidavit it is not entirely undisputed that the Police have not interfered into the privacy and liberty of the deserted Woman.
In the affidavit there is acceptance to the fact that a missing report was filed and in pursuance to that Sub- Inspector Dinesh Chandra Yadav had visited the Pritam Nagar District and found the women living with a person named Mukesh of her own volition.
In regards to this the court observed that the main issue was whether the police harassed the women and asked her to go back to her husband. The court further directed Senior Superintendent of Police, Aligarh which shall be his personal affidavit.
The personal affidavit filed by him states that as per the report filed by Circle Officer, Atrauli, Aligarh to the Senior Superintendent of Police, Aligarh none of the police officers have harassed the women and other petitioners.
Since the affidavit was in nature of a counter affidavit the court has allowed the counsel for petitioners to file a rejoinder affidavit.