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SHAMIM AHMED
Aarfa Bano – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. habeas corpus petition concerning illegal detention (Para 2 , 3) |
| 2. arguments regarding maintainability and legal representation (Para 4 , 5) |
| 3. final disposal of the habeas corpus petition (Para 6) |
JUDGMENT :
SHAMIM AHMED, J.
1. Heard Shri Sikandar Zulqarnain Khan, the learned counsel for the petitioner, Shri Sushil Kumar Mishra, the learned AGA-I for the State-respondent Nos. 1 and 2 and perused the record.
2. The present habeas corpus petition has been filed with the following prayer:
(ii) issue any other writ order or direction which this Hon'ble court may just and proper also kindly be passed in favour of the detenue.
(iii) allow writ petition in favour of the detenue with costs.”
3. This petition has been filed by the father-in-law of the detenue, with the prayer that his daughter-in-law, who is married with the son of petitioner, is in illegal custody of her parents, thus, custody of detenue be
A habeas corpus petition is not maintainable where there is no illegal detention and the child is in mother's custody.
Habeas corpus is not maintainable where the detenu is not shown to be in illegal detention.
Voluntary statement by detenue negates illegal custody claim in habeas corpus petition.
A wife leaving home voluntarily does not constitute illegal detention under habeas corpus law.
Habeas corpus is not maintainable where the alleged detenue voluntarily travels abroad and confirms her position to the Court.
The court in habeas corpus proceedings can rely on the wishes of the detainee to establish the legality of detention.
Habeas Corpus petition cannot be used to settle custody issues arising from marital disputes.
A Writ of Habeas Corpus requires proof of illegal detention, which was not established in this case.
Divorce - Illegal detention of son - Grant of custody to mother - Child 3 years old custody given to the petitioner who, being his mother, is the natural guardian.
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