2000 Supreme(J&K) 103
G.D.SHARMA
Nazir Ahmad Bhat – Appellant
Versus
Jawahira – Respondent
Advocates Appeared:
Advocate For Appellant: Imtiyaz Ahmad Sofi
Advocate For Respondent: Omkar Singh
Through the medium of this petition inherent jurisdiction of the Court vested under S. 561-A, Cr.P.C. has been invoked to quash order dated 22-10-99 passed by the Judicial (Forest) Magistrate, Srinagar whereby he directed the SHO of the concerned Police Station to free the female child, aged seven months named Bisma from the wrongful confinement of her father namely, Nazir Ahmad Bhat son of Mohammad Rafiq Bhat resident of Sarmarg Teh. Handwara and produce her in the Court on 27-10-1999. Respondent namely, Mst. Jawahara is the wife of the petitioner and she had made application under S. 100, Cr.P.C. before the said Magistrate alleging therein that on account of strained material relations, the petitioner herein forcibly took the child from her custody. The child is a sucking baby who is denied the breast feeding and in this manner her life is being endangered. The Magistrate had recorded the statement of the respondent on oath who had stated that petitioner has kept a mistress and leads licentious life. He even consumes liquor and after robbing the respondent of her jwellery forcibly took away the child from her lap. All this happened while living in rented accommodation in the city
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