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1996 Supreme(P&H) 493

P.K.JAIN
Smali Bagga – Appellant
Versus
State Of Punjab – Respondent


Judgment

P.K.JAIN, J.

1. Smt. Smali Bagga has filed this petition under Article 226 of the Constitution of India for the issuance of a writ in the nature of habeas corpus for directing her husband-respondent No. 2 to produce and to handover the custody of her two minor sons, namely, Pratyush (born on 24-11-1988) and Himen (Born on 16-9-1990).

2. The petitioner was married to respondent No. 2 on 12-10-1987 at Jalandhar. Out of this wedlock, two children namely, Pratyush and Himen were born on 24-11-1988 and 16-9-1990. It sis alleged in the petition that the parents of respondent No. 2 were not happy with the dowry given in the marriage and at the instance of her parents, respondent No. 2 used to taunt and harass the petitioner. It is also alleged that even with the gifts given at the time of the birth of these two children, neither the respondent nor his parents were satisfied or happy. It has been alleged that she has been treated with cruelty throughout and ultimately on 14-8-1994 she was thrown out of her matrimonial house after getting her signatures on blank papers and the said two children were kept in illegal custody by respondent No. 2. It has been alleged that father of resp













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