Delhi High Court gives father custody of woman tortured by in-laws

The Delhi High Court on Wednesday ordered that the custody of a woman suffering from Hypoxic Brain Damage, on account of her in-laws trying to kill her, be given to her father and not her husband [Sushil Gupta vs. NCT of Delhi & Ors.]

.Delhi High Court seeks response from Delhi govt, IHBAS on plea seeking appointment of mental health professionals in schools . A Division bench of Justice Anup Jairam Bhambhani and Justice Siddharth Mridul passed the order after interacting with the woman through video conference.

"The married daughter has appeared before us through video-conferencing mode from her maternal home in Delhi. The woman has expressed her desire to reside at her maternal home along with her 4 year-old minor daughter," the Court noted.

The Court also took cognizance of the admitted position that the woman was undergoing treatment at IHBAS (Institute of Human Behaviour and Allied Sciences), Delhi as an 'out-patient'.

"In these circumstances, the woman may continue to reside at her father's home until further orders. Her father has also undertaken to ensure that the 4-year-old (granddaughter) is admitted as a student of nursery in Queen Mary's School," the Court said.

The Court also recorded that the woman's father had undertaken to escort his daughter to IHBAS for treatment as advised by the doctors there.

The Court, therefore, ordered that IHBAS shall file a report of treatment provided to the woman for her Hypoxic Brain Damage elaborating her condition in detail. The same has to be presented before the Court by next date of hearing.

"No one shall interfere with the arrangement of the present order till the next date of hearing."

The matter will be heard again on September 14.

. The Court was hearing a plea concerning woman whose in-laws had allegedly attempted to kill her, detained her and disallowed her from meeting her parents. After an attempt on her life, the woman suffered from Hypoxic Brain Damage and her condition kept deteriorating.

Thereafter, her father wanted custody of his daughter. However, the husband vehemently opposed this.

On June 22, a Vacation Bench of Justice Anup Jairam Bhambani and Justice Jasmeet Singh of the Delhi High Court had ordered that the woman must be taken to IHBAS in Delhi, while the custody of her child shall rest with the maternal father.

Advocate Syed Hasan Isfahani appeared for the woman's father. While advocate Sameer Chandra appeared for the husband.

Advocate Tushar Sannu appeared for IHBAS

The next date of hearing is September 14, 2021.

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Delhi High Court gives father custody of woman tortured by in-laws

Khadija Khan

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