BHAGWANDAS M TANWAR Vs. SATISH R SAINI

JUDGEMENT

(1.) Bhagwandas Tanwar, by this petition under Art. 226 of the Constitution of India, has moved this Court inter alia praying for the issuance of the writ of Habeas Corpus on the alleged ground that his wife Smt. Jagruti with whom he has lawfully married on 24-11-1994, was illegally taken away from his house in his absence by the respondent No. 1 Satish R. Saini who happens to be the brother of Smt. Jagruti.

(2.) When this matter came up for admission before this Court on 28-2-1996, the following order was passed :-

(3.) In response to our aforesaid Notice, Respondent No. 1 - Satish R. Saini has appeared before this Court alongwith his sister - Smt. Jagrutiben. We have recorded the statement of Jagrutiben in the open Court. On reading out the memo of petition, she has emphatically denied each and every allegation made therein except the one that she is lawfully married wife of the petitioner. According to her, she had of her own gone with her brother Satish to Ahmedabad as her husband, i.e., petitioner who is in habit of consuming liquor, was often beating her. It is her further case that this fact was reported by the neighbours of her family members to Satish, her brother and it was thereupon only that he (respondent No. 1) came to Deesa to take her to parental home under the pretext that her mother was sick . It was under these circumstances that Smt. Jagruti left her in-laws' house. She has also stated before us that she has filed Maintenance Application under Sec. 125 of Criminal Procedure Code, 1973 for maintenance of herself and her minor female child and also a complaint under Sec. 498-A of the Indian Penal Code against the petitioner, her husband which is pending before the learned Magistrate. We have indeed no reason to disbelieve her statement recorded before us in the open Court. However, these material particulars appears to have been suppressed in the petition ..