SC allows wife of convict to live with in-laws’ family

New Delhi: The Supreme Court on Wednesday set aside the Madras high court order directing Ansar Nisha, a woman, to be kept in the custody of Madras Christian Council Social Service home even though she had expressed the wish to stay in her matrimonial home after she married a life convict Tajudeen.

Noting that Ansar Nisha is a major — 22 year old —and has expressed her desire to stay with the family of her husband, who is presently in custody, the vacation bench of Chief Justice Ranjan Gogoi and Justice Aniruddha Bose said, “we do not see how the high court could have passed impugned interim order directing the appellant (Ansar Nisha) to be housed in the home at Madras Christian Council of Social Service,...”

Referring to the averments made before the court today, the bench in its order said, “It is quite clear that the appellant (Ansar Nisha) 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 high court to pass the impugned order.”

Pronouncing the order, Chief Justice Gogoi said, “The appellant being a major would have a right to choose to stay in the house of her husband along with the relatives of the husband.”

Setting aside April 29, 2019, interim order of the high court, the top court today directed that Ansar Nisha, to be released from the home at Madras Christian Council of Social Service, where she is presently lodged. The high court by its April 29, 2019, interim order had continued the custody of Ansar Nisha with the Chennai based Madras Christian Council Social Service home till June 13.

The high court while continuing the custody of Ansar Nisha at Madras Christian Council Social Service home had said that it was open to the home to give her counselling. The high court had also permitted the mother and elder brother of Nisha to meet her.

The court also added that if the mother and elder brother of Nisha wanted to meet her, then they would have to first approach an all women police station at Perambur and only then, they can meet her in the presence of a police official.

Ansar Nisha had earlier filed a domestic violence against her mother and brother alleging that they have misappropriated 250 gms of gold jewellery given to her by her father for her marriage.  She had also alleged that she was beaten up. She had further alleged that her mother and brother forcibly tried to marry her to a dumb man. The top court had on May 10 issued notice to Tamil Nadu government and Ansar Nisha’s family.

While Tamil Nadu government said that it has no objection to any order passed by the top court, the girl’s family did not appear in the matter.