RAMSEWAK BANSAROOP Vs. GANGARAM SUKH LAL

JUDGEMENT

(1.) THIS petition for habeas corpus was made by Ramsewak, father of Smt. Shantibai, alleging that the girl, a minor, was married to Nirpatram in 1962; that Nirpatram treated her with cruelty and wrongfully confined her by putting a lock on the door of the house for about 20 days; that she was even denied food during that period; that he had caused several injuries on her person with sharp weapons and canes; that her condition was very serious because of Inhuman treatment; and that he received information about all this through an anonymous letter, the facts of which he personally ascertained. Then he approached the City Superintendent of Police, Jabalpur. Under his orders, the girl was recovered at village Lohar in a precarious condition with marks of injuries on different parts of her body. The girl was brought to Jabalpur on 10th September 1964 and after medical examination, her custody was entrusted by the police to her Jeth (brother-in-law) Gangaram. This petition was filed on the 19th September. Rule nisi being issued, Gangaram and Nirpatram appeared before us on 23rd September 1964. Smt. Shantibai was also produced. Her statement was recorded. Nirpatram's statement was also recorded. Thereafter, as a result of an endeavour for reconciliation, the parties made an agreed application. In accordance with it, the custody of the girl was entrusted to Ramsewak, her father, for a fortnight. The 7th October was fixed for further hearing.

(2.) WHEN the parties appeared on the 7th October, Smt. Sbantibai expressed a desire to go back to her parents instead of her husband. It appeared to us that during those 15 days her mind was changed.

(3.) SMT. Shantibai is admittedly, a minor. Although her exact age is not clear, she is of about 16 years. For the purpose of the present proceeding it was not necessary to find out her exact age. There is also no doubt, and in fact it was conceded, that at least for about a month immediately before the petition, her husband, Nirpatrara, used to beat her. We noticed marks of injuries on her nock, head and forehead. In her statement of the 23rd September she said that she did not want to go back to her husband, nor, in that state of her health, she wanted to return to the custody of her Jeth. She expressed a desire to go with her father. She said that her Jeth and Jethani (Gangaram and his wife) are good persons and treat her well. Nirpatram asked her in cross-examination whether she wanted to go away from him for good, and whether she would not care to return to him, if he undertook in writing that he would not beat her in future. To this, the girl did not reply, she had only tears in her eyes.