KUMAR SAHELI Vs. SAFIR UDDIN

JUDGEMENT

(1.) This habeas corpus petition was moved by Km. Saheli in the High Court through her father Zahoor Ullah Khan on the ground that Saheli was being detained by her maternal uncles Safir Uddin and Sabir Uddin. The notice was issued to them on 14-2-1990 to produce Km. Saheli. Thereafter, after considering the entire matter Hon'ble R. S. Dhavan, was pleased to pass the following ordering this case on 28-2-1990 : -

(2.) Thereafter, a counter affidavit dated 24-2-1990 was served on learned counsel for the petitioner on 1-3-1990 by which it was stated that as father of Zahoor Ullah illtreated mother of Km. Saheli her mother had gone back to her father's place in the state of pregnancy where she delivered Km. Saheli on 27-11-1980. It was further stated that as maintenance u/ S. 125 Cr. P.C. was granted on an application of mother of Km. Saheli, which order was also challenged by the petitioner in the High Court, and as the amount of maintenance had never been paid, the present habeas corpus writ petition was filed with a view to avoid liability to pay the maintenance particularly as mother of Km. Saheli had died on 12-11-1989. Thereafter the matter was once again heard at length by Hon'ble R. S. Dhavan, J. who on 17-3-1990, passed the following order : -

(3.) This petition has now been argued before me by learned counsel for the parties. Having heard them and having perused the entire matter, I do not think that interest of Km. Saheli would be well protected and served if she is asked to live with her father. Consequently this habeas corpus petition is dismissed. However the visiting rights of Zahoor Ullah Khan to meet his daughter as indicated in the orders passed by Hon'ble R. S. Dhavan, J. quoted above, will continue in the manner prescribed in those orders.