HC restores married woman’s custody to husband, directs police protection
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Shimla, July 25
Himachal Pradesh High Court has restored the custody of Disha Yadav to her husband, Aditya, after she expressed her willingness to live with him, while directing Kangra Police to safely escort the couple to their residence and restraining her parents from interfering during the pendency of the case.
The order marks a significant development in the habeas corpus petition filed by Aditya after Disha was allegedly taken away from Kangra by her parents on the strength of a recovery order issued by the Sub-Divisional Magistrate, Kotputli, Rajasthan, under Section 100 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
A Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi passed the order on July 23 after Disha Yadav was produced before the court in compliance with its earlier direction issued on July 14.
During the proceedings, the Bench interacted separately with Aditya and Disha Yadav in the morning session. Initially, Disha was not inclined to accompany the petitioner. The court suggested that the couple spend some time together over a cup of tea and reconsider the matter.
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When the case was taken up again after lunch, Disha informed the court that she wished to go with Aditya. The Bench noted that there was no dispute regarding their marriage, which had been solemnised on February 1, 2026, at Chamunda Mata Temple in Kangra, and also referred to her earlier statement in support of the marriage.
Observing that she had voluntarily decided to return to her husband, the court held that it would be appropriate to restore her custody to the petitioner for the time being.
The judges also interacted with Disha’s parents, who were present in court. The Bench noted that during the period she remained away from the petitioner, she had not resumed her studies in Delhi.
The court directed the police team led by Inspector Sanjeev Kumar, Station House Officer of Police Station Kangra, to ensure that Aditya and Disha Yadav were safely escorted to their residence in Kangra district.
The Bench further made it clear that Disha’s parents or any other person accompanying them should not interfere in any manner or attempt to remove her from the petitioner’s custody while the matter remains pending before the court.
The proceedings have been deferred for six weeks, and both Aditya and Disha Yadav have been directed to appear in person on the next date of hearing, September 3, 2026.
The court also observed that Disha’s parents would be at liberty to meet and interact with their daughter on the next date.
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