Heard the learned counsel for the petitioner, learned A.G.A. and perused the record.
This habeas corpus petition has been filed by the husband saying that the wife is in illegal custody of her parents.
From the material on record it transpires that one F.I.R. has been lodged from the side of the wife under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act against the husband petitioner and other family members. The petitioner filed a Writ Petition No.11132 (M/B) of 2008 for quashing of the F.I.R. but after investigation a final report has been filed which has not been accepted till date. There are chances of its rejection also after consideration of the protest petition. Be that as it may.
In the aforesaid writ petition the matter was referred to Mediation Center where the wife did not turn up.
But there does not appear to be any communication between husband and wife to the effect that she has been detained illegally against her wishes by her parents. On the converse it appears that she is a victim of alleged harassment by the husband on account of which she is living with her parents. There does not appear to be any element of illegal custody.
In view of the above, this petition appears to be misconceived and therefore it is dismissed.
Order Date :- 1.2.2010 PAL/