SC sets aside HC order, lets wife of murder-convict to stay with in-laws

The woman, when brought before the HC, told the bench that she is not willing to go with her mother, but would prefer to stay with in-laws of Tajudeen. The bench, taking into consideration ‘the safety and well-being of the detenue’, directed her to be housed in a home at Madras Christian Council of Social Service (MCCSS). The court further directed that nobody shall be permitted to see the detenue during this period.

On 29th April, although the woman reiterated her intention to stay with in-laws, the HC ordered her to continue her stay in MCCSS. Against these orders, Ansar Nisha approached the Apex Court. Taking note of the fact that the woman is a major, and has expressed her desire to stay with the family of her husband, the bench comprising CJI Ranjan Gogoi and Justice Aniruddha Bose, said, “We do not see how the HC could have passed impugned interim order directing the appellant to be housed in the home at MCCSS. She being a major would have a right to choose to stay in the house of her husband along with the relatives of the husband.”

The court observed that she is clear of her intention to stay with her in-laws in their house and not with her parents. If that is so, we find no justification for the HC to pass the impugned order, said the bench. The bench then set aside the HC order and directed her to be released from home at MCCSS.