Decided on April 01,1996

I.G.P., PORT BLAIR Respondents


S.N.Mallick, J. - (1.)It is the case of the writ petitioner that on 2.5.95 he lawfully married one Sangita Chibber, the daughter of the respondent No. 7 according to Muslim law before the Registrar of the Muslim Marriage at Port Blair and it is alleged that the said Sangita Chibber embraced Islam at the time of marriage and a muslim name Shanin was given to her. It is also alleged that both of them are majors and the marriage was consummated on the very date. On 3rd May, 1995 the respondent No. 7 the father of the said Sangita Chibber alongwith other Police Officers came to the residence of the petitioner and forcibly took away his wife Sangita Chibber alias Shanin inspite of his stif resistance. Thereafter the petitioner sent a letter dated 3.5.1995 to the respondents No. 1 to 6, the local Police Officers containing very many allegations regarding his marriage with Sangita according to Muslim law with the following prayer : -
"Under the circumstances and for the reasons mentioned above, I humbly request you to kindly intervene in the matter immediately and to restore the custody of my wife. I also request you to kindly take necessary action in the matter to ensure that my wife be not Laken to mainland or to other places from away from Port Blair by any person. If the custody of my wife is not restored to me. Immediately I shall be compelled to proceed further for recovery of my said wife. Kindly do the needful for restoration of the custody of my wife to me."

(2.)No action was taken by the Police authorities in respect of the said letter Annexure 'C' to the writ application on the otherhand he was taken into custody in connection with the police case started by the Aberdeen Police Station, Port Blair under sections 109/365/366 of the Indian Penal Code.
(3.)It is the case of the petitioner that the respondent No. 7 being a police officer of the rank of Deputy Superintendent of Police lodged baseless complaint of kidnapping the legally married wife of the petitioner and forced her to make certain statement against him. It is alleged that his alleged wife the said Sangita is in illegal custody of the respondent No. 7 and unless she is produced before this Court and kept in neutral custody she may suffer Irreparable loss and injury. According to the writ petitioner by such action taken by the respondents No. 1 to 7 his rights under Article 14 and 19 of the Constitution of India have been grossly violated only on the ground of religion and he is being treated with discrimination. It Is also stated by the writ petitioner in paragraph 20 of his writ application that his wife may be brought before this Court to say that she was forcibly taken away on 2.5.1995 by the police officials of the Aberdeen Police Station from his lawful custody.

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