Mt. Haydari Begam vs Jawad Ali Shah - 1933 Supreme(All) 519

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1933 Supreme(All) 519

KING
Mt. Haydari Begam – Appellant
Versus
Jawad Ali Shah – Respondent

JUDGMENT

King, J. - This is an application u/s 491, Criminal P.C. The applicant, Mt. Haidari Begum, prays that, on the grounds in her affidavit, this Court may be pleased to pass an order directing the opposite party (namely, S. Jawad Ali Shah, the applicant's husband) to produce before the Court the minor, S. Mazhar Ali Shah, at an early data, and that thereupon the child may be delivered to the applicant. For the purpose of disposing of this application we need only state the salient facts very briefly. S. Jawad Ali Shah was married in 1928 to the applicant. They had a son, S. Mazhar Ali Shah, whose age is now about ii years. In July 1933 the applicant was living with her husband and the child at Gorakhpur. On 30th July she left Gorakhpur for Lucknow in order to attend a ceremony at her parent's house. She left Gorakhpur by the night train.

2. On her husband's advice she left the child with her husband, to avoid the risks of a night journey, on the understanding that her husband would follow her with the child next day. Her husband did not follow her, but sent her a registered letter dated 2nd August 1933 stating that he had divorced her. The applicant served a notice upon her husb

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