ASHA HAKHOO Vs. BHUSHAN LAL KOUL
HIGH COURT OF JAMMU AND KASHMIR
BHUSHAN LAL KOUL
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A.S.Anand, C.J. -
(1.) This petition has been filed under section 491 Cr. P.C. by the petitioner against her husband and father and mother in-law, seeking the release from illegal confinement of, the minor daughter of the petitioner and respondent No. 1, namely, Sheetu aged about 6 months.
(2.) In the petition, it is alleged that the relations between the petitioner and her husband and in laws have been strained and that respondents 1 to 3 have been mal-treating the petitioner ever since her marriage with respondent No. 1. That the petitioner was turned out after 7 days of the birth of Baby Sheetu, from the matrimonial home, and that despite her repeated requests to respondents 1 to 3, custody of Baby Sheetu has not been restored to her and that the minor is in wrongful confinement and there is danger to her health because the baby has been denied the petitioners milk and affection. The petitioner has therefore, prayed that through the writ of habeas corpus respondent No. 4, i.e., S.H.O. Police Station, Rainawari, be directed to recover baby Sheetu from respondents 1 to 3 and after producing her in court hand her over to the petitioner.
(3.) The first question that requires consideration is as to whether recourse to the provisions of section 491 Cr. P.C. can be permitted in the facts and circumstances of this case for granting custody of the minor daughter to the petitioner.;
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