Petitioner sought recovery of his wife from the illegal and improper custody of her parents

 2021 YLR 869

Habeas corpus--Scope---Petitioner sought recovery of his wife from the illegal and improper custody of her parents---Alleged detenue on being produced affirmed the averments of the petition and showed the desire to accompany her husband---High Court with a view to examine the bona fide of the petitioner as to whether he had contracted marriage with detenue merely as a result of his crush, momentous and impulsive passion, arising out of her bodily and behavioral charm or he had entered into the sacred bond sincerely and with religious zeal, quizzed him and he in order to fortify his bona fide as well as to forge a sense of security in monetary terms in the mind of the detenue, showed his inclination to enhance/re-affix the amount of deferred dower by submitting his sworn affidavit---High Court observed that since the petitioner had enhanced the deferred dower of alleged detenue/his wife, with his volition, therefore, the same shall be considered as integral part of nikahnama---Petition was allowed, the detenue was set at liberty to accompany her husband.