Madhya Pradesh High Court
Roshni Choubey vs Subodh Gautam on 19 February, 2019
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Writ Petition No.2991/2019
(Roshni Choubey Vs. Subodh Gautam and Others)
-1-
Indore, dated 19/02/2019
Mr. Vivek Dalal, learned counsel for the petitioner.
The present petition is a Habeas Corpus petition. It has been
argued by learned counsel for the petitioner that a divorce took
place between the petitioner and the respondent No.1 and as per
the terms and conditions agreed by the parties, it was resolved that the sole child, who at the relevant point of time was 2½ years old, will continue to live with the mother i.e. the present petitioner.
Learned counsel has argued before this Court that the respondent No.1 has forcibly taken the child and therefore, the present petition is being filed by way of Habeas Corpus writ petition. Shri Dalal has placed reliance upon a judgment delivered by the Hon'ble Supreme Court in the case of Capt. Dushyant Somal Vs. Smt. Sushma Somal and Anr. reported in 1981 (1) SCC 277 and has stated that in light of the aforesaid judgment a writ petition is certainly maintainable.
In light of the aforesaid, issue notice to the respondents on payment of process fee within seven days, failing which this petition shall be liable to be dismissed without reference to the Court.
The Superintendent of Police, Indore is also directed to keep the corpus present before this Court on 25/02/2019.
Shri Vivek Dalal, learned counsel has also informed this Court HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Writ Petition No.2991/2019 (Roshni Choubey Vs. Subodh Gautam and Others) -2- that the respondent No.1 is a police officer and there is every possibility of non-cooperation on the part of the Uttar Pradesh Police in the matter.
In light of the apprehension, which is there in the mind of the petitioner Ms. Roshni Choubey, the respondent No.4 - Director General of Police, State of Uttar Pradesh is directed to ensure all co-operation to the officer, who is deputed to produce the corpus namely Samarth.
Office of the Advocate General is also directed to communicate this order to the Superintendent of Police today itself and the Principal Registrar is also directed to communicate this order to the Director General of Police, State of Uttar Pradesh by e- mail / Fax.
List the matter on 25/02/2019.
Certified copy as per rules.
(S. C. SHARMA) (VIRENDER SINGH)
JUDGE JUDGE
Tej
Digitally signed by
Tej Prakash Vyas
Date: 2019.02.20
15:45:32 +05'30'