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1996 Supreme(All) 641

G.P.MATHUR
Beena Jaiswal – Appellant
Versus
Deepak Kumar – Respondent


Advocates appeared:
A.K. Yog, K.P. Agarwal, Suman Sirohi,

Judgment :

G. P. Mathur, J.

1. Smt. Beena Jaiswal has filed this habeas corpus petition praying that her son Himanshu Kumar alias Lucky be released from the illegal custody of the respondents and be handed over to her custody. The respondent No. 1 Deepak Kumar is the husband of the petitioner, respondent Nos. 2 and 3, namely, Ram Dulare and Smt. Kunta are her-in -laws and respondent No. 4 Akkoo is her husband's brother.

2. THE case of the petitioner, in brief, in that she was married to Deepak Kumar on 4-12-1992 and her parents gave substantial dowry in the marriage. However, the respondents continued to make further demands of dowry. She give birth to a male child Lucky alias Himanshu Kumar on 9-5-1994 at her parents house who live in the same city of Kanpur. THE respondents tried to forcibly take away the child Lucky on 22-5-1994 re garding which a complaint was made at the police station and at the intervention of the Incharge, SI of the police station, an agreement was arrived at between the parties and thereafter the started living in her husband's home. THE respondents gave her very cruel treatment regarding which she gave information to her parents who came and took her to t














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