New Delhi, Sep 24 (IANS) Terming it a "peculiar case", the Supreme Court on Tuesday refused to interfere in a woman's plea challenging the Delhi High Court order that asked her to live separately for some time from Rajya Sabha member Mahendra Prasad, one of the richest MPs in the country.
Refusing to interfere, the Bench asked the woman who claimed to be wife of Prasad, to approach the high court in the event of any necessity or clarification.
The Delhi HC had asked the woman to live separately from Prasad, also known as King Mahindra, for four weeks till the Delhi Police concluded investigation into the allegations that she had illegally confined the legally-wedded wife of the parliamentarian.
The woman's counsel told the Bench, headed by Justice R. Banumathi, the substance of the high court order was that "husband and wife should live separately".
But the woman's counsel failed to convince the top court, which read out a status report of the police filed in the high court, and said the other lady was his legally wedded wife.
"You (petitioner) have obviously lived as husband and wife for a long time, but that doesn't mean you are husband and wife," the Bench said.
The top court also said the high court ought not to have passed such an order as it was dealing with a habeas corpus petition, filed by Prasad's disowned son.
The woman told the Supreme Court the Delhi HC exceeded the jurisdiction of habeas corpus and passed various directions, which were unrelated to issues involved in the petition.
The woman told the top court her separation from husband Prasad was violation of fundamental rights as guaranteed by the Constitution.
She also said the high court erred in not considering her plea as she had been living with Prasad continuously for the past 45 years and was taking constant care of Prasad, who was suffering from various heart ailments and needed constant care.
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