SANJU Vs. SOBHANATH

JUDGEMENT

(1.) The detenus who are children of Smt. Parvati Devi and Sobhanath, O.P. No.1, have instituted this Habeas Corpus Petition through their mother, Smt. Parvati Devi, as they allegedly were in the illegal custody of their father and considering the status of husband and wife they could be maintained properly by their mother only and not father.

(2.) The marriage had taken place about 20 years ago and on the date of the petition, i.e. 7/07/1994, Raju Radha and Sanju were aged about 11 years, 5 years and 4 years respectively. Relations between the wife and husband became strained allegedly due to the bad habits of the husband who was a labourer. The alleged bad habits were illicit connection with another lady, gambling and drinking etc. His behaviour towards the wife and children had become rather cruel.

(3.) Petitioner No.4, the wife, was compelled to do the work of washing and pressing of clothes for her survival as well as the survival of the children. On her request, her husband had taken the family to Kikarahi Bazar within police station Karma where she had started a petty shop of "Visatkhana' and also used to do the work of washing and pressing of the clothes of the customers. Her husband, however, about four years ago with the help of his notorious friends, illegally took away the children to Gujarat along with some unknown person. They were being ill-treated by him there. She tried her best to get back the custody of the children but in vain and hence the need for this Habeas Corpus Petition. She had lodged a first information report also on 4-7-1994 against her husband, the copy of which is Annexure 1 of the petition.