BANOBAI Vs. AKBAR KHAN

JUDGEMENT

(1.) ON a complaint made by mother that her son Asgar was illegally confined by respondents Akbar Khan and Sakko Bai, her petition was registered as a habeas corpus petition and rule nisi was issued directing the respondents to produce the child in Court and also show cause in regard to the complaint made. Although petitioner admitted that the respondents were her father -in -law and mother -in -law, or in other words, child's paternal grand -parents, they were presented in dark colour by the additional allegation that they were interested in some money deposited in the Workmen's Compensation Court in the name of the child and had, therefore, detained the child forcibly.

(2.) BOTH respondents appeared on the date fixed and produced the child in Court. They were furnished with a copy of the petition and were granted time to file return. The petitioner being unrepresented, at our request, Shri R.D. Jain, volunteered to assist us as amicus curiae and we heard him also in this matter.

(3.) FACTS which are indisputable, are projected in Annexures D.1 and D.2 of the return. An award was made as per Annexure D.2 on 31.1.1986 by Workmen's Compensation Court, Gwalior, granting compensation for the death of Mustafa, petitioner's husband and child's father, who was killed in a motor accident on 5.5.1985. Under that award a total sum of Rs.74,882.80 p. was held payable as compensation to the claimants. That was apportioned between the widow (petitioner), deceased's two children (son, Asgar and daughter, Bitto) and his parents (respondents). An outright payment of Rs.15,000/ - was made to the petitioner and for the balance of Rs.25,000/ - FDR for 5 years was taken out. Annual interest accruing on that amount was made payable to her. A sum of Rs.20,000/ - was awarded to Asgar, but for that FDR for ten years was taken and annual interest accruing thereof was made payable without, unfortunately, making it clear as to whom that shall be payable. It appears to us that the slip in the award just noted is the real bone of contention between the parties. Because, respondents do not deny that the girl is with mother and, therefore, interest accruing on Rs.10,000/ - awarded to her and deposited for ten years in fixed deposit can be claimed by the petitioner. Be it mentioned further that the two respondents were also granted compensation of Rs.7,500/ - each and outright payment was made of that amount.