SAFINA AKHTAR Vs. STATE OF J & K

JUDGEMENT

(1.) Petition in hand has been filed by the petitioner for seeking a direction to respondents no. 1 to 3 to produce the minor children of the petitioner namely, Nosheen Akhtar aged 9 years, Fazal Hussain aged 7 years, and Hassan Choudhary aged 3 years, whose whereabouts are not known to the petitioner. It is contended that the petitioner has been married to respondent No. 4 on 24.04.2005 at Rajouri. Out of the wedlock, the petitioner gave birth to three children, name mentioned hereinabove. It is contended that since from the day one of their marriage, the respondent no. 4 was subjected to incidents of domestic violence, harassment, cruelty and physical assault by respondent no. 4 and his family members. Petitioner, in order to save her life, ran away from her matrimonial home on 11.06.2018. Thereafter the respondent no. 4 lodged a complaint before the Police Station, Rajouri claiming that the petitioner has been abducted by one, Mohammad Iqbal. The petitioner, accordingly approached learned Magistrate, Rajouri and recorded her statement under Sec. 164-A Cr.P.C. Thereafter, the petitioner has made various attempts to return to matrimonial home after seeking assurance from her in-laws with respect to her safety and security at her matrimonial home, however, the same has not happened. Even the respondent no. 4 has taken the custody of the minor children mentioned hereinabove from the custody of the petitioner and they were taken to some unknown place.

(2.) This petition was filed in the year 2018, and is pending since then. There was no representation on behalf of petitioner today. It seems that the petitioner has lost interest to pursue the writ petition. Accordingly, this petition is dismissed for non-prosecution and in default of appearance.

(3.) Dismissal of the writ petition does not bar the petitioner to approach the concerned authority to avail the remedy.