RINJU HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. K. P. Sharma, learned Sr. counsel assisted by Mr. H. Das, Advocate appearing for the petitioner. Also heard Mrs. B. Goyal, learned State counsel appearing for respondent Nos. 1 to 3.

(2.) THE petitioner herein has knocked the door of the court invoking power under Article 226 of the Constitution seeking a writ in the nature of Habeas Corpus for a direction to the respondents, more particularly respondent No. 4 to produce Miss Debismita Bhuyan before this Court and to declare her detention as illegal and unlawful, with a further prayer for issuing a writ of Mandamus, directing the respondent No. 4 to give custody of the child to the petitioner.

(3.) IN the year 2002 when the daughter of the petitioner became four years old, she brought her daughter to Guwahati from Chatia and started living in a rented house at Nizarapar, got her admitted in Nizarapar L. P. School in Nursery standard and thereafter transferred her to Holy Child School at Guwahati where she was admitted in the K. G. Class. While the petitioner was living with her daughter at Nizarapar and her daughter was reading in Class-I, one Sri Kamal Sarma, teacher of Nizarapar L. P. School proposed the petitioner for marriage with an assurance to look after her and also to maintain her daughter. Subsequently the petitioner accepted the above proposal and on 8. 10. 2003, the marriage of the petitioner with Sri Kamal Sarma was socially solemnized at Sukleswar Temple in Guwahati. Thereafter, the petitioner with her husband started their conjugal life as wife and husband at Guwahati alongwith her daughter Miss Debismita Bhuyan. The petitioner was very much happy with the married life as well as satisfied with the behaviour, love, care and responsibility taken by her husband towards her daughter. Her husband also opened some insurance policies for welfare of her daughter. After about two years of conjugal life, the petitioner gave birth to a male child, namely Raktim Kamal on 17. 6. 2005 and even after the delivery the petitioner was in a position to look after both her daughter and newborn baby properly.