SAKINA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is under Article 226 of the Constitution of India, for issuance of a writ in the nature of Habeas Corpus, directing respondent No.2 to secure the release of Rubina from the illegal and unlawful custody of respondents No. 3 to 7.

(2.) THAT petitioner was married to respondent No.3 i.e. Rukam Din about 8 years back and from this wedlock there is one minor daughter namely Rubina aged about 6 years. In the month of April, 2009, petitioner and her minor daughter were deserted from the matrimonial house by respondent No.3 to bring Rs. 2 lacs for the purchase of buffalo. After that respondent No.3 filed Criminal Writ Petition No. 1111 of 2010 titled "Rukam Din Vs. State of Punjab" on the allegation that his wife (Sakina) is in the illegal and unlawful custody of her relatives. Petitioner had appeared in that writ petition and made statement that she does not want to accompany Rukam Din and the petition was dismissed vide order dated 8.7.2010. That on 9.7.2010, Rubina was forcibly taken away by respondents No. 3 to 7. Petitioner was given beatings and threatened to eliminate if the matter was reported to the police. Respondent No.4 -Roshan Din, is the father -inlaw of the petitioner and he filed false and frivolous complainant against the relatives of the petitioner on the allegation that respondent No.3 (Rukam Din) and Rubina were kidnapped by Makhan, Tittar, Bagha, Gogi, Pheru, Shareef and Gulla. That respondent No.4 filed Criminal Miscellaneous No. M 31997 of 2010 titled "Roshandin Vs. State of Punjab and others", and in that case notice of motion was issued.

(3.) IN pursuance of the notice respondents No.3 to 7 filed reply to contest the writ petition inter alia on the ground that petition is not maintainable as per Section 7 of the Guardian and Wards Act, 1890 (hereinafter referred as 'the Act'). Respondent No.3 is the father of Rubina and minor is in the lawful custody of her father. That the present petition was filed with connivance of Jumman, Titar and others. That two days before Baisakhi 2009, petitioner along with the minor left the home to see her ailing father who unfortunately died. Subsequently, when petitioner failed to return then respondents came to know that she was detained by Gulla, Gogi, Pherru, Nawab, Ganni @ Zakir and Swaran Din. Respondent No.3 filed CRWP No. 1111 of 2010, for the release of Sakina from the illegal custody of aforesaid persons but while appearing in Court, Sakina after meeting respondent No.3 opted not toCRWP No. 2403 of 2010 -3 - go with respondent No.3 Rukam Din. On the intervening night of 12/13.5.2010, when petitioner had gone to attend the marriage of her sister -in -law then she was abducted by Meedha and some other unidentified persons. Petitioner was raped against her wish. FIR No. 38 dated 13.5.2010, under Sections 363/366 -A IPC was got registered. After her recovery, petitioner got recorded her statement under Section 164 Cr.P.C. and thereafter, filed CRM No. M 15391 of 2010, to protect her life and liberty. Petition was against Meedha, Gammi and Rano i.e. respondents No. 4 to 6. On the intervening night of 8/9.7.2010, Makhan and others had kidnapped Rukam Din and Rubina. Roshan Dinrespondent No.4, father of Rukam Din, gave an application dated 9.7.2010 to SHO, Police Station Mahilpur. When no efforts were made by the police then respondent No.4 Roshan Din, filed CRM No. M 31997 of 2010 and ultimately FIR No. 136 dated 23.11.2010 under Section 364 IPC, was registered and in connection with the investigation of that complaint, when police started raiding their houses then Jumman, who was one of the named person and with whom petitioner is residing got filed the writ petition.