ANITA DEVI Vs. JHUNNI LAL
LAWS(ALL)-1990-2-63
HIGH COURT OF ALLAHABAD
Decided on February 15,1990

ANITA DEVI Appellant
VERSUS
JHUNNI LAL Respondents

JUDGEMENT

- (1.) RAVI S. Dhawan, J. In pursuance of the order of this Court of November 10, 1989 directing the father of Smt. Anita Devi to produce her in Court, Anita Devi, aforesaid, wife of Mank Chand Jaiswal is present. Also present with her is an infant in her arms.
(2.) THIS habeas corpus petition was filed at the instance of Anita Devi wife of Manik Chand Jaiswal on the allegation that his wife went to her parent's home but is not being permitted to return back. There is an alleg ation in the petition that his father-in-law i. e. the father of Anita Devi makes unusual and repeated demands on him to give monies as 'bidai' as a pre-con ditions for the return of his wife. It is his contention that unless he gorges out monies 'bidai' his wife cannot return. A counter-affidavit on behalf of the father asserts that the husband of Anita his been making several demands that she bring dowry and is insisting on a motor-cycle. The claims between the two males i. e. father of the wife and the husband apparently seem to bear out aspects of abominable exploitative customs. There was a village Panchayat which was arbitrating, in effect, that the demands between the two of them shall remain in abeyance.
(3.) REGARD being had to the circumstances that on this habeas, corpus petition the contention of the petition alleged to be detained are to be ascertained by the court Anita Devi was examined by the Court. She reiterated the statement that she had been married to Manik Chand Jaiswal. She confirmed that she is staying with her parents. She denied that she has been detained illegally and upon being asked whether she would like to joint her husband she categorically answered in the affirmative. This minor episode between the father of Anita and her husband flashes back upon the taboos and social customs which still loom large in male dominat ed societies to make demands over women. In this case nobody has asked the women including the Panchayat on how she felt to be caught between rival claims of her father and husband to extract monetary advantages out of each other. 7 Anita Devi at whose instance the habeas corpus petition has filed is free to go wherever she desires. 8. This habeas corpus petition shall be consigned to the record. Order accordingly. .;


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