YASMEEN MEGHA MATHUR Vs. RAMESH CHANDRA MATHUR

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India in the name of Smt. Yasmeen alias Megha mathur by her alleged husband and next friend Mohd. Hussain for the issue of a writ of habeas corpus for setting her at liberty from the alleged unlawful custody of her parents.

(2.) According to the petitioner she got married with Mohd. Hussain on 9.9.1993 after conversion of her religion to Muslim Religion according to Muslim Customs and a Nikahnama was executed on 9.9.1993 at Lucknow without consent of her parents. The petitioner along with her alleged husband started living together and visiting friends and relatives and also visited her parents together on 12.9.1993. The parents of the petitioner did not allow her to return with her alleged husband when he approached her parents on 14.9.1993 for rukhsati. The alleged husband came to know that his wife was being tortured and given no food and was being pressurised by her parents to divorce her husband. The husband of the petitioner tried his best to free the petitioner from the clutches of her parents but he failed in his mission as the opposite parties and their friends threatened him with dire consequences. He has therefore, filed this writ petition for selling the petitioner at liberty as she is being illegally detained by her parents against her will and there is danger to her life.

(3.) This writ petition came up before this Court on 17.9.1993 and the Court was pleased to issue notice to opposite parties to produce Smt. Yasmeen alias Megha Mathur in the Court on 8.10.1993. On receiving the said notice, the opposite parties represented themselves before this Court through the learned Advocate Sri L.B. Singh with a prayer that they may be permitted first to file a counter affidavit in reply to the allegations made in the writ petition. The learned counsel raised preliminary objection also against the maintainability of this writ petition on several grounds as well as the propriety of the issue of notice to produce the girl in contravention to the rules of his court.