SHOIB ALIAS SHEBU Vs. SABIR ALI ALIAS SHABOO

JUDGEMENT

(1.) SMT. Rizwana Begum wile of respondent Sabir Ali has filed this habeas corpus petition on behalf of her 4 years old minor son Shoib alias Shebu. The respondent is her husband.

(2.) THE facts mentioned in the petition are that Smt. Rizwana Begum was married to Sabir on 2-3-82 according to the provisions of Muslim Law and out of this wedlock the petitioner was born. THE respondent, his mother, father and sisters are all very greedy persons and were not satisfied with the dowry that Smt. Rizwana Begum brought. She was, therefore, constantly harassed and tonured. On 11-4-85 her signatures were obtained on a stamp paper on false pretext On 20-4-85 she was taken to Sirathu Tehsil and some document was prepared on that stamp paper and she was asked to sign on it and then she was brought to Sirathu Railway Station where her husband, the respondent, asked her go to her father's place at Allahabad. She was forced to go alongwith the petitioner's sister who was only about one year old and since then she is living with her father. He, however, was not allowed to go with her inspite of her requests. Since then he is living with the father. He is of tender age and has been deprived of the mother's love and affection and is being illegally detained by the father at his house where he is being brutally treated and there is apprehension of his life. No steps have been taken to educate him and thus his future is in dark. Under these circumstances the mother claims on behalf of the minor the custody of the child.

(3.) THE first point to be determined is about the legal maintainability of the petition inspite of the fact that ah alternative remedy under the Guardian and Wards Act is available and can be said to be adequate and efficacious.