- (1.) VIRENDRA Saran, J. The present Habeas Corpus writ petition has been preferred on behalf of Smt. Roobi wife of Abdul Farced and Km. Nida, 8 years old minor daughter of Abdul Farced. In fact, the Habeas Corpus writ petition has been filed by Abdul Farced who has signed the vakalatnama on behalf of the petitioners.
(2.) BY means of this writ petition, Abdul Farced has prayed for a writ in the nature of Habeas Corpus for setting free the petitioners. In the petition, Rupesh Kumar Gupta and Prakash Gupta have been arrayed as opposite parties. Today, when the case was called out Smt. Roobi appeared before this Court along with her minor daughter Km. Nida and the statement of Smt. Roobi was recorded. She stated in her statement that she is living separately from her husband along with her child Km. Nida for the last about two months. She further stated that she was not in any illegal confinement. She stated that she was ready to hand over Km. Nida to Abdul Fareed. Smt. Roobi further stated that she has already been divorced by her husband earlier. During course of hearing of the writ petition, Abdul Fareed pronounced divorce against Smt. Roobi in open Court three times. The statement of Abdul Fareed was also recorded and in his statement, he stated that he has divorced his wife in open Court and she was no more his wife. I have already observed above that Smt. Roobi was willing to give the custody of Km. Nida to Abdul Fareed. In view of this, the child was given in the custody of Abdul Fareed. The stand taken by Smt. Roobi was that Abdul Fareed had already divorced her. At any rate, Abdul Farced again divorced her in open Court orally and his statement recorded in this Court, which he has signed, also amounts to a written divorce.
(3.) SINCE Smt. Roobi has stated that she is living separately and she is a major and further she denied the allegation of illegal confinement by the opposite par ties, this Habeas Corpus writ petition regarding Smt. Roobi fails. Custody of Km. Sada having been given to Abdul Farced, the proceedings in this writ petition regarding the custody of the child also stands concluded. While I was dictating the judgment, Smt. Roobi stated orally that she ap prehends danger to her life at the hands of tier ex- husband Abdul Fareed and his sympathisers. She further said that she was being ill- treated by Abdul Fareed and since Rupesh Kumar Gupta sympathised with her. Abdul Fareed stated entertaining un necessary and uncalled for suspicion in his mind and divorced her and she was left with no option excepting walking out of the matrimonial home,;