NASHEEDA J BHAVNAGARWALA Vs. COMMISSIONER OF POLICE MADRAS

JUDGEMENT

(1.) ONE Dr. Nasheeda J. Bhavnagarwala (Pettioner)resoted to the present action, praying for issuance of a writ of Habeascorpus or any other appropriate writ, directing the respondents to producethe corpus or body of her minor son Mustafs aged 4 years now in the custody ofthe third respondent before this Court and hand over him her, claiming to be themother and natural guardian.

(2.) THE first respondent is the Commissioner of Police, Madras -8, whilethe secon respondent is the Inspector of Police, F -2 Egmore Police Station,Madras. The third respondent one Mr. Asif T. Khan Bhai, a resident of Bhav Nagar,Gujarat is none -else than the petitioner and the third respondent, it is said,was celebrated on 1st March, 1989 and thereafter, the spouses lived in BhavNagar, 199, Vijayaraj Nagar, 'Ravindru', Gujarat. The petitioner wife wouldclaim constant ill -treatment meted out to her at the hands of the thirdrespondent, her husband and consequently, she was forced to leave him in march,1994 along with her minor so Mustafa, who was then 11/17, Sulaiman ZakariaAvenue, Egmore, Madras -8. The petitioner pursued her higher studies in the senseof her joining M.D. course in Sri Ramachandra Mustafa, she would claim had beenstudying in L.K.G. in Don Bosco School, Egmore Madras.

(3.) THE further attempts made in tracing the alleged detenu her minor son proved futile. It is in the back drop of such a situation, she was impelled to resort to the present action, seeking the relief as aforesaid.