The Court noted that the 21-year-old wife had stated before a magistrate that the case filed by her uncle was a false case and that he had even extended death threats to her for going with her now-husband.
The Court criticised the magistrate for sending the woman to her uncle’s home even though she expressed fear for her life due to her uncle’s death threats.
“This Court is dismayed to find that after the prosecutrix made a statement before the Magistrate on 07.05.2024 fearing for her life at the hands of (her uncle), the Magistrate has reportedly sent her back home to (her uncle). Even otherwise, an adult cannot be sent into custody of another and forced to stay with him/her,” the High Court said.
The Court added that the magistrate was duty-bound to direct the registration of first information report (FIR) against the uncle for having issued the death threats.
Source: Barandbench
