KAMLA DEVI Vs. STATE

JUDGEMENT

(1.) Yesterday we passed an order allowing the petition but the judgement could not be delivered for want of time. We proceed to do so now. The factual matrix :

(2.) The petitioner is the wife of the second respondent (hereinafter referred to as "the respondent"). The parties were married in the month of February, 1980. After the marriage, the respondent has been living with the petitioner in a house constructed by her parents. Two sons (twins) were born out a the wedlock in the month of May, 1981. The petitioner alleges that the respondent, who is a habitual drunkard, has been maltreating her since 1982. Frequent quarrels and cruel beatings have almost become a daily routine.

(3.) According to the petitioner, the respondent returned home at about 9 a.m. on July 12, 1986. He was under the influence of liquor. He asked far the custody of the children since he wanted to go away with them. When the petitioner refused to oblige, he tried to forcibly snatch away the children. The petitioner thereupon raised an alarm and the respondent went away. On July 13, 1986 at about 9.30 a.m. the respondent once again tried to take away the children along with the belongings. The petitioner alleges that she thereupon locked the house. The respondent reported the matter to the Police who directed her to unlock the premises. The Petitioner was also summoned to the Police Chowki the next day, that is, on July 14, 1986. According to the petitioner, on July 15, 1986, the children were ultimately taken away by the respondent.