NASIR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has sought for issuance of writ of habeas corpus for production of his two children, who are in wrongful detention of respondent No.5, the wife of the petitioner, since 5/11/2022.

(2.) The petitioner stated that he married with respondent No.5 on 7/6/2012. A son, Mr. Ibrahim Khan, was born on 4/8/2013 and a daughter, Khursheed Khan, was born on 26/4/2015 out of the wedlock. Since February 2020, respondent No.5 abandoned the petitioner as well as her children and the children were in the custody of the petitioner before 5/11/2022. The respondent No.5 asked the petitioner that the children be sent to her for a few hours and thereafter she would also return to stay with the petitioner along with the children. The petitioner acceded to the request of respondent No.5 but thereafter respondent No.5 did not sent back the children.

(3.) In the reply, respondent No.5 stated that wrong fact has been asserted by the petitioner in the writ petition rather respondent No.5 was bitterly assaulted by the petitioner in her matrimonial house and was thrown out from the house. The respondent No.5 is always ready and willing to live with the petitioner along with her children.