AMOL KUMAR SUHANE Vs. RITU SUHANE

JUDGEMENT

(1.) By means of present petition under Article 226 of the Constitution of India, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer that respondents be directed to release the wife/respondent No. 1 and their daughter - Manya from wrongful restrain of respondents.

(2.) The petitioner's marriage was solemnized with respondent No. 1 -Smt. Ritu Suhane on 2/2/2012 as per Hindu rites and customs. On 23/7/2014, they were blessed with one daughter, namely, Manya. But as per averments made in the petition, due to unnecessary interference of family members of maternal side of respondent No. 1, she used to go to her maternal home frequently, from where petitioner brought her back. But on 28/11/2016, respondent No. 1 alongwith her daughter baby Manya left her matrimonial home on her own will, and thereafter, residing with her parents. Since beginning the petitioner is having love and affection for his wife and daughter but respondent No. 1/wife, without any sufficient and valid reasons, has deprived him from his marital and parental right. It is further stated that despite granting visiting rights to the petitioner to meet his daughter by the Court vide order dtd. 20/11/2018, respondents did not allow him to meet his daughter. Even she did not permit the petitioner to talk over telephone with his daughter and respondents No. 2 to 4 are pressurising respondent No. 1 to seek divorce from the petitioner. The petitioner made numerous attempts to bring his wife and daughter back. Even he has filed petition under Sec. 9 of the Hindu Marriage Act, 1955 in the Court of Additional Principal Judge, Family Court, Raipur but he did not succeed to bring them back, and therefore, he has filed the instant habeas corpus petition.

(3.) Petitioner appearing in person would submit that his wife (respondent No. 1 herein) has left her matrimonial home alongwith their daughter without any sufficient and valid reasons and she has filed the cases under Sec. 21 of the Protection of Women from Domestic Violence Act, 2005 (henceforth "Act, 2005") against him and also for getting maintenance, in the Court of Begumganj, District Raisen (M.P.), which has no jurisdiction to hear the matter. He would further submit that vide order dtd. 20/11/2018, he has been granted visiting right from 3:00 P.M. to 6:00 P.M. on every Friday to meet his daughter by the Court, but he has never been allowed by respondents to meet his daughter. He would also submit that respondents have deprived him to show his love and affection for his daughter since last six years. Even respondents do not permit him to talk to his daughter over phone. Due to inducement made by his in-laws, respondent No. 1/wife is harassing him by keeping away from matrimonial and parental enjoyment. The respondents are creating pressure for divorce, so that they could get handsome alimony from the petitioner.