Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
In matrimonial disputes, emotions often run high, leading to allegations of wrongful confinement. A common query arises: Agar husband wife ko wrongfully confine kar de to wife ko mukti karwane ke liye Section 97 CrPC ka manhandle par SC ka latest judgment kya hai? (If a husband wrongfully confines his wife, what is the Supreme Court's latest judgment on using Section 97 CrPC for her release?)
This question highlights a critical intersection of criminal law and family matters. Section 97 of the Code of Criminal Procedure (CrPC), 1973, allows magistrates to issue search warrants for persons believed to be wrongfully confined. However, its application in husband-wife cases requires caution to prevent misuse. The Supreme Court has provided clear guidance, emphasizing judicial scrutiny over mechanical orders. This post breaks down the legal framework, key Supreme Court precedents, and practical recommendations, drawing from authoritative sources. Note: This is general information, not specific legal advice. Consult a lawyer for your case.
Wrongful confinement is defined under Sections 339 and 340 of the Indian Penal Code (IPC). Section 339 covers wrongful restraint (partial restriction on movement), while Section 340 addresses wrongful confinement (total restraint beyond lawful limits). The duration doesn't matter; even brief restraint qualifies as an offence if unlawful. KAKKANATTU BALAGOPALAN NAIR DEEPU (AKA DEEPU K. B), S/O. LATE K. P. BALAGOPALAN NAIR VS STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 2017 0 Supreme(Ker) 114
In spousal contexts, if a husband restrains his adult wife against her will—preventing her from leaving—it may constitute an offence. However, voluntary stay or lawful authority negates this. Courts stress no presumption that a wife's separation from her husband implies confinement. Ashok Thadani VS Ramesh K. Advani - 1982 0 Supreme(AP) 134
There is no presumption under law that a wife stays elsewhere away from the husband it should be deemed that she is in wrongful confinement and the husbands entitled to obtain search warrant under section 97 Cr. P. C. There may be so many reason as to why a wife is living elsewhere and does not like to live with her husband. Ashok Thadani VS Ramesh K. Advani - 1982 0 Supreme(AP) 134
Section 97 empowers a District Magistrate, Sub-divisional Magistrate, or First Class Magistrate to issue a search warrant if there's reason to believe a person is confined in circumstances amounting to an offence. The provision states:
Section 97. Search for persons wrongfully confined. If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant... KAKKANATTU BALAGOPALAN NAIR DEEPU (AKA DEEPU K. B), S/O. LATE K. P. BALAGOPALAN NAIR VS STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 2017 0 Supreme(Ker) 114Ashok Thadani VS Ramesh K. Advani - 1982 0 Supreme(AP) 134
Key requirements:- Prima facie judicial satisfaction: Mere allegations from relatives aren't enough. The magistrate must apply mind, record reasons, and examine material. Mechanical forwarding to police under Section 156(3) is improper.- No automatic issuance: Especially in matrimonial disputes. Ashok Thadani VS Ramesh K. Advani - 1982 0 Supreme(AP) 134
Magistrate should, therefore, exercise due caution and circumstances in issuing a warrant under Section 97 Cr. P. C. even on a petition filled by a husband making an allegation that his wife is in a wrongful confinement... Ashok Thadani VS Ramesh K. Advani - 1982 0 Supreme(AP) 134
The cited Supreme Court authority is Anjali Anil Rangari v. Anil Kripasagar Rangari (1997) 10 SCC 342, the most recent directly referenced. Though involving minor children, its principles extend analogously to adult spouses.
In this case, the father alleged the mother wrongfully confined their minor children. The SC held:
It cannot be disputed that the mother is also a natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956. If it is so, could it be said that the custody of the two minor children with the mother was illegal and they were under her wrongful confinement? KAKKANATTU BALAGOPALAN NAIR DEEPU (AKA DEEPU K. B), S/O. LATE K. P. BALAGOPALAN NAIR VS STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 2017 0 Supreme(Ker) 114
Core Principle: Custody with a natural guardian is lawful absent proof of illegality or court order violation. For adult wives, husbands lack 'guardian' status over mature spouses. Proof of involuntariness is essential—no automatic wrongful confinement. KAKKANATTU BALAGOPALAN NAIR DEEPU (AKA DEEPU K. B), S/O. LATE K. P. BALAGOPALAN NAIR VS STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 2017 0 Supreme(Ker) 114
Courts prioritize:- The confined person's wishes and welfare.- Whether custody is voluntary or manipulative.- Matrimonial remedies over criminal misuse. Ashok Thadani VS Ramesh K. Advani - 1982 0 Supreme(AP) 134
Relatedly, in maintenance cases under Section 125 CrPC, wives cannot impose unreasonable conditions for living separately, like demanding the husband desert his parents without just cause. This underscores that voluntary separation (with reasonable grounds) isn't confinement. For instance:
Can a wife, in the absence of any special reasonable cause, insist upon her husband, as a precondition, that he should first desert his parents in order to enjoy company of his wife. Jyoti alias Gudiya VS State of U. P. - 2015 Supreme(All) 1690Jyoti Alias Gudiya VS State of U. P.
Courts have held such conditions unjust, linking to broader matrimonial harmony. Jyoti Alias Gudiya VS State of U. P.
If a Section 97 warrant is invalidly issued or executed, custody becomes unlawful. The wife can file for habeas corpus under Article 226 in High Court.
The custody of the person taken by the police in pursuance of such an illegal order becomes illegal and such a person should be deemed to be in unlawful confinement and as such she is entitled to invoke the jurisdiction of the concerned High Court for the issuance writ of habeas corpus. Ashok Thadani VS Ramesh K. Advani - 1982 0 Supreme(AP) 134
Triangular Test for private confinements:1. Confined person's wishes.2. Custodian's legal right.3. Claimant's entitlement. Ayat Nabi VS UT of J&K - 2022 0 Supreme(J&K) 212Ayat Nabi VS UT of J&K - 2022 0 Supreme(J&K) 77Atya Shamim VS Dy. Commissioner, Collector - 1998 0 Supreme(J&K) 48
Even non-physical control (influence/manipulation) can qualify as detention. Courts assess welfare, especially if minors involved. Ayat Nabi VS UT of J&K - 2022 0 Supreme(J&K) 212
Matrimonial issues demand balanced approaches. Stay informed, seek professional help, and prioritize dialogue. For updates, follow legal developments closely.
References:1. KAKKANATTU BALAGOPALAN NAIR DEEPU (AKA DEEPU K. B), S/O. LATE K. P. BALAGOPALAN NAIR VS STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 2017 0 Supreme(Ker) 114: Section 97 procedure, SC on guardians.2. Ashok Thadani VS Ramesh K. Advani - 1982 0 Supreme(AP) 134: Spousal specifics, no presumption.3. Ayat Nabi VS UT of J&K - 2022 0 Supreme(J&K) 212, Ayat Nabi VS UT of J&K - 2022 0 Supreme(J&K) 77, Atya Shamim VS Dy. Commissioner, Collector - 1998 0 Supreme(J&K) 48: Habeas principles.4. Jyoti alias Gudiya VS State of U. P. - 2015 Supreme(All) 1690, Jyoti Alias Gudiya VS State of U. P.: Maintenance and reasonable cause.
#Section97CrPC #WrongfulConfinement #SupremeCourtJudgment
Standing Counsel for the State has contended that the second application filed by the petitioner-wife is barred under Section 362 of Cr.P.C.. ... The matter is remitted to learned S.D.M., Jajpur to consider the petition under Section 97 of Cr.P.C. afresh by issuing notice to the petitioner-husband and his family members. The case shall be finally disposed of within a period of four weeks. ... The petitioner filed an application under Section 97 of Cr.P.C. before the S....
Short facts: The original petitioners, the wife and minor child, aged 1 year, of the respondent filed Miscellaneous Case under Section 125(1) of Cr.P.C claiming maintenance @ Rs.15,000/- each from the respondent. ... It was held further that plea of the husband that he did not possess any source of income ip so facto did not absolve him from his moral duty to maintain his wife, if he is able bodied and has educational qualifications. 6. ... 2 ALBERT WAYNE, AGED 2 YEARS, S/O.EBIN GEORGE REP-BY HIS MOTHER, LEYA#....
/wife. ... Can a wife, in the absence of any special reasonable cause, insist upon her husband, as a precondition, that he should first desert his parents in order to enjoy company of his wife. ... Learned AGA has referred Section 125(3) Cr.P.C. in support of his contention which reads as under: ... "Section 125(3) Cr.P.C. ... It pertains to condition that the only way open to the husband-respondent no.2-is to first desert his mother and then to reside with his #HL_ST....
/wife. ... Can a wife, in the absence of any special reasonable cause, insist upon her husband, as a precondition, that he should first desert his parents in order to enjoy company of his wife. ... Learned AGA has referred Section 125 (3) Cr.P.C. in support of his contention which reads as under: “Section 125 (3) Cr.P.C. ... It pertains to condition that the only way open to the husband-respondent no.2-is to first desert his mother and then to reside with his #HL_STAR....
All this while, Kaushalya was crying and requesting the Appellant not to manhandle the infant but to no effect. ... Kaushalya had complained to the police about this and a settlement was arrived at between the husband and wife but even thereafter the Appellant would continue to beat his wife. (b) The couple had a male child who was about four months old on the date of the incident, that is, 28th June, 1990. ... ... ( 9 ) ON these broad facts, and on the conclusion of investigations, the police filed a challan against th....
sik Gear ar sei WIRA ERT arest fest 25/03/2021 8 ect fear) Set art i usalae Aft wa ol 3a vert A ted eg Myat sel fear an sie ar BE FT VHT H lg Aes wert evi sl Waa Heer Area TT ue & ay yout ced 8) se ga vow F sake eer feai@ 26/08/2021 Hf ware Us aM & fed aay SFT) fort ae cea sift fear fe melt or ger wife ... wT aor 81 Sah area A ue oA wafaw ~wa db werd ® se oral oe @ ak welts wa od fer s ON or SPER FEY vet BY Gras oT aaa oF or ater vyzw 21 " Be Page 2 of 7 Weal Ut GA : 2020-3229 & Ors.ama ae eh & ore ae soe wa et oe) sah ot CORE ST SORT GY Vals o BAAS or sae far sy ae Ware....
The mother, therefore, moved an application under S. 97 of Cr. P. C. against the father. It is admitted case of the parties that relationship of husband and wife still subsists. ... Any way, the latest position is that the husband is still retaining the child with him despite specific orders passed by the Courts below. ... On a consideration of the entire facts of the case the Additional District Magistrate (City), Kanpur Nagar came to conclusion that the wife was leg....
The mother, therefore, moved an application under section 97 of the Code of Criminal Procedure against the father. It is admitted case of the parties that relationship of husband and wife still subsists. ... Moreover as already held by me above that in the present case the application of the mother under section 97 of the Code of Criminal Procedure, was maintainable therefore If once the ingredients of Section 97 of the Code of Criminal Procedure are....
TRS vei 4 ae uRare arate emer 31(1) wafSa amr 71, Rat wee Rye we Same) vac, 2016 4 ysiaen ég oer fear) weet & ea A cer se va eH ue a amit o “ey ga” ame vitae 4 we we 204 aa uf 21,92,960 /—waa 4 gH wern, ferarar Bax faces var 714 oF fe om) gwar feted flea aqaar ale 01/06 /2015 ot Penfedt gon, fra ager ... ares fea 7a] (os Page 2 of 7 ae UA MAM : 2022-5501ori ot oie 8 uel va dé aah ¥ AR core Read fea wa) suites oqaert vet @ saat aie @ oe we age ts ad gr ak af a vor a IR os SB Teal wr are wos fa aa weit @ fle frac 3 ase at & fH omit dear 4 4 fei wre oy flrax 2018 Y area adh....
In such a situation it would have been prudent on the part of the Magistrate to haye issued a notice to the husband before embarking upon the provisions of S. 97 cr. P. C. There is no indication in the order sheet that before passing an order under S. 97 of the Cr. P. ... If, on the other hand, he arrives at the conclusion that such is not the case, he should advise the wife to go home with her husband warning the husband at the same time against us....
gqfy;k 'ko & xnZu ls Åij dk fgLlk xk;c] xksjk jax ,dgjk etcwr ftLe ÅapkbZ 5&1@4 QhV mez yxHkx 25 o"kZA ¼1½ xnZu ls Åij dk fgLlk xk;c gS ¼2½ nkfguh cktw ij /klk gqvk [kwu vkywn ?kko ¼3½ dVk gqvk gFksyh dk ?kko ¼4½ cka;k gkFk--------------[kwu vkywn ¼5½ cka;h gkFk ij dVk gqvk [kwu vkywn ?kkoA** pksV 'ko & 'ko dks myV dj ns[k x;k] fuEu pksVsa gS%&
Phir meine dekha ki Sudesh Ladkhada kar gir Gaya aur mein jaa k Sudesh ko sambhala aur usne bataya ki Akash kisi nukili chiz se pichhe se vaar kar k bhag gaya" Mein Akash ko pakadne ke liye bhage lekin duri hone ki vajehe se veh haath nahi aya.
Voh dono hume dhamkate the ki ghar chali gaogi to hum tumhe jaan se maar denge.” Dono hume bechna chahte the, voh apne liye aur voh apne liye. Maine bahar nikal kar police waalon ko phone kar diya aur police ne un dono ko pakad liya.
Fkk tks 'kkfey fef'ky dkxt ls 14v gS o esjs lkeus gS ftldh eSa iqf"V djrk gwWA bl ij izn'kZ d&2 Mkyk x;kA 'ko foPNsnu vk[;k eSus ojoDr 'ko foPNsnu vius ys[k o gLrk{kj esa rS;kj fd;k e`rd dh e`R;q vkXus;kL= elyu reapk ls fn0 4-7-03 dks 6-15 cts 'kke dks gksuk laHko gSA 'ko foPNsnu vk[;k esa mfYyf[kr e`R;q iwoZ pksVs izd`fr ds lkekU; vuqdze esa e`R;q dkfjr djus ds fy, i;kZIr gSA^^
Aapka ek achi personality ke liye tarsna bilkul wajib hai, kyuki first impression is the last impression. Lab me varsho ki research ke bad ye discover kiya gaya ki insane ke aviksit sharer ko umar ke kise bhi mod par vikasit kiya ja sakta hain. Badhiya personality wale log Automatically sabka dhyan aakarshit karte hai aur bhid me sabse alag nazar aate hai, unhe aapne presence ko prove nahi karna padhta hai, hai na." (underlines added) Isi ko dhyan me rakh kar Himalaya aur Africa k jungle me paye jane vale kuch durlabh jadibutiyon jaise ajgan, vidhar, chandrashur, helo aadi ko ek kh....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
