Pooja Kashyap vs State of H. P. - 2023 Supreme(HP) 544

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 544

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Pooja Kashyap – Appellant
Versus
State of H. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Atul Jhingan, Advocate.
For the Respondent: Mr. I. N. Mehta, Sr. Addl. A.G. with Ms. Sharmila Patial and Mr. Navlesh Verma, Addl. A.G.

JUDGMENT :

Tarlok Singh Chauhan, J.

The instant petition has been filed for grant of the following substantive reliefs:-

A) The Hon'ble Court may be pleased to issue a writ of habeas corpus directing the respondents No. 1 to 5 to produce the minor son of the petitioner, Master Adhrit, before this Hon'ble Court.

B) The Hon'ble Court may be further pleased to direct the respondents No. 1 to 3 authorities to take appropriate action against respondents No. 4 and 5 for their illegal acts.

2. It is averred that the petitioner was married to respondent No. 4 on 30.11.2012 at village Jaswani, Tehsil and District Bilaspur, H.P. The petitioner had accompanied respondent No. 4 (husband) to his matrimonial home at Nasik and thereafter to his place of posting at Alwar. The relations between the petitioner and respondents No. 4 (husband) and 5 (mother-in-law) were not cordial from the inception of marriage.

3. The petitioner gave birth to a male child (Adhrit) on 30.12.2013 but the situation became so unbearable that she alongwith the infant had to be brought to her native place at Ghumarwin from Nasik by her mother and maternal uncle.

4. The petitioner was constrained to approach the Court under the