- (1.) This petition under Art.226 of the Constitution of India (hereinafter referred to as the Constitution) has been filed by Mohd Faiyaz Ali Khan, petitioner against Mubarak Ali Khan and five others for the issuance of a writ directing the respondents 1 to 5 to appear in the Court and produce Smt. Qamar Sultana wife of the petitioner in this Court.
(2.) The allegations in paras 11 and 14 of the petition are that Smt. Qamar Sultana is being forcibly detained by his in-laws (respondents 1 to 5) at Aligarh.
(3.) In paras 10, and 12 to 14 of the counter-affidavit of Mohd Mubarak Ali Khan, on behalf of the respondents, it is alleged that the petitioner had given Talak to Smt. Qamar Sultana and that after the expiry of the period of Iddat she was remarried to Wegar Tofique Khan son of Manzoor Khan of village Majhpurwa, district Farrukhabad on 31-12-1982 and thereafter from their wedlock a male child was born who on the date of the counter-affidavit had attained the age of 6 months. It was further contended that on 5-2-1984, Smt. Qamar Sultana along with her child and husband Wegar Tofique Khan had left for Saudi Arabia where her husband is working as Telephone Exchange Engineer and his address there is "Albibon Exchange Mecca Saudi Arabia".;