LAWS(UTN)-2011-10-37

RAMA DHAND Vs. STATE OF UTTARAKHAND

Decided On October 10, 2011
Rama Dhand Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) HEARD .

(2.) THIS petition was registered as writ of habeas corpus under orders of Hon'ble Chief Justice. The petitioner Rama Dhand has complained that her daughter Suman and her grand -son Rahul are in the illegal custody of Arun Rajput (respondent no. 2) who runs ASHRAM in Rishikesh. In para 2 of her petition she admits that about six years back her daughter Suman got married to Arun Guru Ji Maharaj @ Arun Rajput which was her second marriage, after her divorce from her first husband. In para 3 of the petition petitioner Rama Dhand says that Rahul was born out of the earlier wed -lock of Suman, and he (Rahul) is getting education in Nirmal Ashram Deepmala Public School, Rishikesh. She has further admitted in para 3 that Rahul was adopted as son by Arun Guru Ji Maharaj @ Arun Rajput. Grievance of the petitioner is that she (Rama Dhand) is not being allowed to meet his daughter Suman and grand son Rahul. It is also admitted in the petition that a son named Rudraksh born out of the second wed -lock of Suman on 5.11.2008. The petitioner has complained that on 03.04.2011, after a quarrel between Suman and Arun Rajput she was beaten mercilessly, and ousted from ashram and her whereabouts are not known. She has further pleaded that her writ petition may be treated as habeas corpus petition.

(3.) THIS Court also interacted with child (Rahul). He told this Court that he is happy with respondent no. 2 Arun Rajput who is looking after him. The Young boy aged seven years told this Court that he is studying in aforesaid public school, and lives in a hostel. He further told that he goes to the Ashram of respondent no. 2 whenever there are holidays in the school.