KULDIP RAI Vs. PRITAM DASS DUTTA

JUDGEMENT

(1.) KULDIP Rai, petitioner, husband of Smt. Shashi Bala (respondent No. 2) has filed this habeas corpus petition for the custody of his minor son Rinkoo. His allegation is that he was illegally retained by the respondents. According to him, he was married with respondent No. 2 on Ist March, 1978 and resided together till 21st April, 1978 and thereafter respondent No. 2 did not return to the matrimonial house without any justifiable reasons and that their son Rinkoo was born on 5th December, 1978 who is about five years and that he is entitled to the custody of the child.

(2.) IT is admitted by respondent No. 2 Smt. Shashi Bala (wife) that she was married to the petitioner in the year 1978 and lived together upto 21st April, 1978 as husband and wife and that thereafter she was sent by him to her parents house and did not come to take her back.

(3.) FOR the reasons recorded, no case is made for directing the respondents to hand over the custody of minor child Rinkoo to the petitioner. Accordingly the petition is dismissed. The petitioner is directed to pay Rs. 1000/- (One Thousand) as costs to respondent No. 2, who came to Chandigarh, twice along with the child from Amritsar. Petition dismissed.