SAPNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mr. Gagandeep Singh Virk, Advocate has put in appearance on behalf of respondent No.6 and has filed his vakalatnama. The same is taken on record.

(2.) By filing the instant petition under Articles 226 of the Constitution of India read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner has sought writ in the nature of habeas corpus for release of her minor son, namely Himanshu aged about 11 months, from the illegal custody of respondent No.6.

(3.) The case of the petitioner, as set out in the petition is that she got married to respondent No.6-Bunty @ Banti on 23/2/2023 and out of the said wedlock, Himanshu (detenue) was bom on 1/9/2024. However, the marriage of the petitioner could not go well as the petitioner was subjected to cruelty and physical abuse at the hands of private respondent who used to abuse and give merciless beatings on account of demand of dowry and it is alleged that the petitioner and the minor child (detenue) were shunned out of the matrimonial house and threatened not to come back without bringing dowry as demanded.