The Delhi High Court dealing with the case of Habeas Corpus petition and also granted the interim custody of a woman who make a father of her to suffer from partial memory loss and speech too when she allegedly tortured by her husband and in laws after clearing that her daughter behaviors was not appearing normal from usual circumstances.
A Division bench comprising Justice Anup J Bhambhani and Justice Jasmeet Singh in case title SUSHIL GUPTA v. NCT OF DELHI & ORS.the bench interacted to a woman through video conferencing observed that: “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 behaviour appear to be normal on first blush."
The court after observing stated that before coming to the final view of matter, the woman must put in the sevillenace of doctor who are specialist in “mental trauma and illnesses at the Institute of Human Behaviour & Allied Sciences (IHBAS), New Delhi by the SHO,PS Sagarpur in the presence and under the supervision of the petitioner's father."
The plea has been filed by the woman’s father who stated that due some inconvenience of certain matrimonial reason she was illegally or illicitly kept in the detention or under of her husband, father – in – law and mother – in – laws without her will.
An FIR was registered on 2nd March, 2021 against the side of respondents under the Section 498A, 313 and 34 of the Indian Penal Provision (IPC). The petitioner father in the case said that his daughter has suffered severe from mental trauma which results into partial loss of memory and speech.
Both the husband and wife are heard before the court through the Video Conferencing during the Covid – 19 pandemic.
The husband while presenting his point stated that his wife has mental problems but not because of him not even from his parents and he was getting a proper medical aids from the specialist doctor by his and doctor also confirms that this mental sickness of his wife will resolve soon as the time passed.
The court observed the fact that the woman was “not able to communicate by speech nor does her behaviour appear to be normal on first blush".
The view of the court by above explanation: “Considering the aforesaid state of affairs, first-and-foremost this court is concerned about the state of mental health and physical well being of the daughter."
The court directed that until the next hearing the custody of woman along with the her three and half years old girl should be given to her father with whom they are still living and for the time being the father will responsible for the safety was well as the well being of both.
The court directed that “Let the medical examination as directed above be completed within 10 days from today; and a status report detailing the opinion of the doctors, and the line of treatment suggested by them, be filed by the State before this court on or before the next date of hearing, without sharing a copy with the private respondents."
The matter will now be considered on the 5th July.