RICHA BHASIN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution, whereby the petitioner claims a writ of habeas corpus for production of the petitioner's children Apoorv, aged 4 years and Ananya, aged 2 years alleged to be in illegal custody of the third respondent, who happens to be her husband and the father of the children. The facts giving rise to the petition are as follows:-

(2.) The petitioner Richa was married to the third respondent Anil Bhasin, on May 28, 19991, at New Delhi as per the Hindu rites. She gave birth to a male child Apoorv and a female child Ananya. It is claimed that the age of Apoorv is 4 years, while that of Ananya is 2 years. According to her, the third respondent is of a violent and unstable nature, due to which the marriage has irreconcilably broken down. The petitioner in her affidavit dated May 3, 1999 has made the following allegations against the third respondent:-

(3.) The petitioner on June 6, 1998 filed a petition under Section 13(1)(ia) of the Hindu Marriage Act on above grounds for dissolution of marriage with the third respondent. However, this petition was subsequently withdrawn as the petitioner and third respondent filed a joint petition under Section 13B(1) of the Hindu Marriage Act for a decree of divorce by mutual consent being HMA. No. 832/98 before the District Judge on August 21, 1998, alongwith the agreement dated August 20, 1998, between the third respondent and the petitioner represented through Ms. Tanveer Shukul, the petitioner's sister and her attorney. A joint statement of Ms. Tanveer Shukul and third respondent were also recorded by the District Judge. As per the joint statement and the agreement, the custody of the children was to vest permanently in the petitioner and they were to stay with her wherever, she, lived. In case, the petitioner was to live outside India, alongwith the children, she would bring them to India, once every year for 15 days, so that the third respondent could meet the children during this period. The expenses for the visit were required to be borne by the third respondent. The third respondent agreed to hand over a sum of Rs. 15 lakhs to the father of the petitioner Shri B.K. Mishra at the time of signing of the first motion pursuant to which a draft for a sum of Rs. 15 lakhs was handed over by the third respondent to him. The third respondent also agreed to pay a sum of Rs. 20,000.00 per month to the petitioner for meeting her day to day expenses and for the upkeep of the children. On September 1, 1999 the Additional Sessions Judge having regard to the averments made in the petition and the joint statement of the attorney for the petitioner and the third respondent recorded the following order:-