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1953 Supreme(All) 72

RAGHUBAR DAYAL, AGARWALA
BIMLA DEVI – Appellant
Versus
CHATURVEDI – Respondent


Advocates Appeared:
G.K.DAPHTARY, K.L.MISHRA, VISHWA MITRA

AGARWALA, J.

( 1 ) SHRIMATI Simla Devi, aged 27 years, wife of Bagh Shah, caste Khatri, resident of Deoband town, District Saharanpur applies under Article 226 of the Constitution of India and prays that a writ in the nature of Habeas Corpus be issued directing the police authorities, arrayed as respondents 1 to 3 to remove the police guard from the petitioners house and not to interfere with her liberty and to prevent them from arresting or removing the petitioner to any camp or in any way interfere in her liberty of movement.

( 2 ) THE facts of the case are few. The petitioner is a citizen of India. She was formerly a mohammedan and Known as Razia Khatoon: She was married to one Bidayatullah Butt, assistant Station Master Nagal, District Saharanpur, who migrated to Pakistan in the disturbances of 1947. The applicant was left behind in India. According to her even before her husband left for Pakistan, he had divorced her and married another lady and in those circumstances, she had sought the protection of one Bagh Shah Khatri, a cane contractor at nagal station and after embracing the Arya Samajist faith had married him on 15-7-1947 and has since then been living with him. The cas






























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