- (1.) Leave granted.
(2.) 1st Appellant-Rashmi is the wife and 2nd Appellant- Aryan is the son of the 1st Respondent-Ajay Kumar. The 1st Appellant and the 1st Respondent were married on 20th April, 2001 as per Hindu rites and out of their wedlock the 2nd Appellant-Aryan was born on 4th November, 2003. In the present case the Appellants have challenged the order dated 9th November, 2011 passed by the Allahabad High Court in the Habeas Corpus Writ Petition No. 36326 of 2011, whereby the High Court issued a non-bailable warrant against the 1st Appellant to ensure her presence and the production of the 2nd Appellant.
(3.) According to the 1st Appellant, since her marriage, she was constantly subjected to mental and physical torture by the 1st Respondent and her in-laws for bringing insufficient dowry. After one and a half years since the birth of their son, both the Appellants (wife and the son) were driven out of the matrimonial house by the 1st Respondent and her in-laws. The welfare and plight of the minor son was not thought of by them. Faced with such a situation, the 1st Appellant-Rashmi along with her son took shelter at her parent's home at Biwandi, District Thane, Maharashtra.;