HABC/2/2025 on 22 January, 2025

Uttarakhand High Court

HABC/2/2025 on 22 January, 2025

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                    COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                        Signatures
      22.01.2025                            HABC No. 02 of 2025
                                            H on'ble Vive k Bha r t i Sha r m a , J.

Mr. Mukesh Rawat, counsel for the
petitioner.

2. Mr. J. S. Virk, learned Deputy Advocate
General assisted by Mr. Rakesh Kumar Joshi,
learned Brief Holder for the State.

3. This Habeas Corpus Petition is filed under
Article 226 of the Constitution of India by the
petitioner to direct the respondents to produce the
corpus Chhaya W/o Prince Kushwaha D/o
Rajkumar, R/o 438 Rewali Mahdood,
Bahadrabad, Haridwar District Haridwar before
this Hon’ble Court and thereafter give the custody
of corpus to the petitioner.

4. Learned counsel for the petitioner would
submit that petitioner is a legally wedded husband
of corpus; that, respondent no.4 is the step father
of corpus, respondent no.5 is the natural mother,
respondent no.6 is maternal aunt (ekSlh) and
respondent no.7 is the sister-in-law (HkkHkh) of the
corpus; that, after the death of father of corpus,
her mother i.e. respondent no.5 solemnized the
second marriage with respondent no. 4 and after
the entry of respondent no.4 in the family, all
trouble started and he is not allowing the wife
(corpus) of the petitioner to join the company of
the petitioner, hence, this petition.

He would further submit that the respondent
nos. 4, 5, 6 and 7 forcefully took away the wife of
the petitioner from his house and when he
approached the private respondents for releasing
his wife, they committed Maar-Peet with the
petitioner and they are real threat to the life of
wife/corpus of the petitioner.

5. Learned State Counsel prays for and is
granted time to take instructions in the matter.

6. Issue notices to the respondent nos. 4, 5, 6
and 7 through ordinary process and registered
post, acknowledgement due as well as by email
and WhatsApp, if available.

7. Steps to be taken within two weeks.

8. List this matter on 12.02.2025.

9. Meanwhile, defects as pointed out by the
Registry be removed by the petitioner.

( Vive k Bh a r t i Sh a r m a , J.)
Va ca t ion Judge
2 2 .0 1 .2 0 2 5
Akash