JASMINE KAUR MANAK Vs. SARABJIT MANAK

JUDGEMENT

(1.) Jasmine Kaur Manak wife of Sh. Yudhvir Manak has filed this petition seeking issuance of writ in the nature of habeas corpus to get released her husband from the custody of his mother Sarabjit Manak-respondent No. 1. The petitioner was married with Yudhvir Manak on February 17th, 2006. A female child was born out of the wedlock on July 26th, 2008. Unfortunately, Yudhvir Manak suffered brain hemorrhage and is in coma since 2011.

(2.) This Court by order dated March 13th, 2012 directed the Commissioner of Police, Ludhiana to submit the position with regard to health of Yudhvir Manak. The Commissioner of Police, Ludhiana has filed reply/affidavit. For ready reference, paragraphs No. 3 to 5 of the same are reproduced as under:-

(3.) That on receipt of the directions passed by this Hon'ble Court the answering deponent directed Additional Deputy Commissioner of Police, Zone- 3, Ludhiana to verify the facts. The Additional Deputy Commissioner of Police, Zone-3 has personally verified the facts and has reported that Yudhvir Manak, husband of the petitioner is having severe cognitive impairment and he is being treated by Dr. Gagan Deep Singh, M.D.D./M. Professor and Head of the department of Neurology D.M.C. Ludhiana in his house under the supervision of his mother Sarabjit Manak respondent No. 1. The doctor treating him has opined that there is severe inability to communicate and he is partially dependent on others for his activities of daily living.