RINKU RUKSHAR Vs. STATE OF U. P.

JUDGEMENT

(1.) This petition for a writ of habeas corpus has been filed by Rinku Rukshar, asking that the detenue, Asif, her minor son, be ordered to be produced before this Court from the unlawful custody of Arshad, the minor's father, and, set at liberty by being given into her custody. The relief though worded differently in substance seeks what the Court has delineated above.

(2.) The facts here go to show that Rinku Rukshar, the sole petitioner and the respondent no. 4, Arshad were married according to the Muslim rites on 14.12.2014. A child Asif, the minor, now aged a little less than six years was born of the wedlock of parties. The petitioner claims to have been driven away from her matrimonial home about five years ago, and since then, she is staying with her maternal aunt. It appears that on 13.05.2020, the husband Arshad came over to the petitioner's maternal aunt's place and said that she may come over and stay with him along with her children.

(3.) The petitioner appears to have stayed with the husband for a few days before bickerings, again marred the parties' matrimonial peace. She was once again thrown out of the matrimonial home, with the husband telling her that he could not take care of the petitioner and her children. It is the petitioner's case that on 04.08.2020, her husband assaulted her with an intention to kill. The petitioner called rescue at the Police facility number 112. Before the police could arrive, the petitioner's husband Arshad and Arshad's sister Reshma, who is the 5th respondent here escaped from the village, taking along with them the detenue, the petitioner's minor son, Asif.