Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Sole purpose for filing the petition was to have custody of petitioner’s (alleged) wife through the process of the court---Question for determination by High Court, was that as to whether the custody of the alleged detenue with her parents was illegal or improper---If after consideration of the facts and law on the subject, High Court would come to the conclusion that the detenue had actually been confined by her parents in an illegal and improper manner, then the petition would be maintainable, otherwise petition would be rendered as not maintainable---Petitioner in the present case was claiming that his wife was being illegally detained by respondents who were father, mother and brothers of the detenue---Parents of children were their natural guardians and the custody of the children by their parents could not be termed illegal or improper---Ingredients for invoking the provisions of S.491, Cr.P.C., were not available in the case. (b) Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---High Court observed that the trend of run away marriages was severely penetrating in the society---Courts did not function in vacuum and must take due notice of social and moral environments prevailing in the community---Tendency on part of some young men to abuse provisions of S.491, Cr.P.C. in furtherance of their illicit love affairs should be curbed---Alleged detenue, in the present case, had taken birth in the house of her parents where she was grown up and till her marriage, her custody with her parents remained lawful, then after her entering into a marital tie with the petitioner as a result of their illicit love affair, how could her custody with her parents be termed as illegal or improper---Every person in the society; rich or poor, had respect in the vicinity and in the event of raid conducted by the bailiff deputed by High Court who normally raid the houses of parents for recovery of the girls with the aid of Police of relevant Police Station, whole of the family was disgraced; and dignity and honour of that family was destroyed by such act---In order to save…

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