Tajobsindia (Senior Partner ) 02 October 2010

Missing 'case' OR "missing child" ?

Gagan Souri (A M) 02 October 2010

for a misssing woman

than Q

Gagan Souri (A M) 02 October 2010

for a missing woman than Q

Tajobsindia (Senior Partner ) 02 October 2010

BEFORE THE HON. HIGH COURT OF XXXXXXX

W.P.NO.__________OF 2010 (Habeas Corpus)

Petitioner: XXXX

Vs.

Respondents: XXXXX.

WRIT PETITION UNDER ARTS. 226/227 CONSTITUTION OF INDIA

I N D E X

Srl. No.	Annex.Mkd.	Particulars of annexures.	Pages.
1.	-	Writ petition with affidavit.
2.	P1	Photo copy of marriage card.
3.	P2	Photo copy of Certificate of marriage dated XXXX.
4.	P3	Photo copy of birth certificate of Mrs.
5.	-	Vakalatnama.
6.	-	Application for urgent hearing.
7.	-	Application for permission to file and prosecute the petition during Court Holiday / vacations.
.
.
.

Place:,

Dated: ____ Oct. 2010.

COUNSEL FOR PETITIONER

BEFORE THE HON. HIGH COURT OF XXXXXXX

W.P.NO.__________OF 2010 (Habeas Corpus)

Petitioner: XXXXX

Vs.

1. The State of XXXX,

through the Principal Secretary,

Department of Home, Govt. of XX (State name here).

City, State name

2. The Superintendent of Police,

City name here, District name here

3. The Station House Officer,

Police Station, Jurisdiction name comes here, City name comes here,

District name comes here

4. The Senior Superintendent of Police,

Possible District / State where you feel she might be comes here

5. Station House Officer,

Possible Police Station / District where you feel she might be comes here

6. Name of person(s) you feel detaining her without her consent / comes
here with address

7. Name of other person(s) you feel detaining her without her consent / will
comes here with address

8. Name of wife comes here

RESPONDENTS

WRIT PETITION UNDER ARTS. 226/227 CONSTITUTION OF INDIA

DETAILS OF WRIT PETITION

1 PARTICULARS OF THE PETITIONER:

As per cause title above.

2. PARTICULARS OF THE RESPONDENTS:

As per cause title above.

3. PARTICULARS OF ORDER AGAINST WHICH PETITION IS BEING FILED

This petition is not directed against any particular order. The petitioner is filing this writ petition for issuing writ of Habeas Corpus directing the respondents 1 to 8 to produce before this Hon. Court his wife, the respondent No.X Smt. XXXX, who have been illegally detained by the respondents X and X at mention here name of place and have not been allowed the company of his wife with him who is legally weded husband of wife put name XX (respondent no. X), nor have they allowed the petitioner to meet his wife despite repeated requests. The petitioner reported the matter to the police but no concrete action has been taken by the police (respondents X and X). Hence, this petition.

4. DELAY IN FILING PETITION IF ANY AND EXPLANATION THEREFOR:

The Petitioner declares that there is no delay in filing the petition requiring any explanation.

5. FACTS OF THE CASE

The Petitioner most humbly submits as under:

(a) The petitioner is resident of XXX. He has done XXXX and is an educated person residing at XXX.

(b) The respondent No.X Smt. XXXX is the mother-in-law of the petitioner (mother of respondent No.X), respondent No.X is brother-in-law of the petitioner (husband of elder sister of the wife of the petitioner) and the respondent No.X is the legally married wife of the petitioner.

(c) The marriage between the petitioner and XXX, respondent No.X, was performed on XXX Oct. 199 at XXXX, without any dowry and the reception was organized on XXX Dec. 1999 at XXX after solemnization of marriage at XXX. A copy of the marriage card in support of this averment is enclosed as Annexure.P1.

(d) A marriage certificate with respect to the solemnization of marriage between the petitioner and the respondent No. X was issued by the Marriage Officer under the Act XLIII of 1954, XXX Municipal Corporation Area on XXX (date), a copy of which is enclosed as Annexure.P2.

(e) Out of the lawful wedlock, the petitioner and the respondent No.X (husband and wife) were blessed with a daughter baby, named XXXX alias XXX on 25.07.2000 at XXX. A copy of the birth certificate issued by the Deputy Registrar (Births/Deaths), Municipal Corporation, XXX No.2364 dated 28.07.2000 is enclosed as Annexure.P3. The immunization record of baby XXX alias XXXX is enclosed as Annexure.P4.
[The above comes if any child also kidnapped and HCP is required for child too along with wife]

(f) The family of the petitioner was residing happily and peacefully at XXX and there was no dispute between the petitioner and the respondent No.X, or between the petitioner’s family and his in-laws.

(g) On invitation by the respondent No.X, mother-in-law of the petitioner who visited XXXX during the period 19^th Jan. to 22^nd. Jan. 2001, the petitioner, his wife and daughter visited XXXX on XXXX for a period of 4 days for attending the ritual ceremonies which were scheduled to be held on XXXXX. During this visit, the petitioner along with his family (wife and daughter) stayed at the residence of his mother-in-law. Photo copy of the railway ticket in support of this averment is enclosed as Annexure.P5.

(h) While at XXXX, the petitioner and his wife along with their daughter visited the house of XXX alias XXXX (sister of XXXX, respondent No.X) and her husband respondent No.X XXXX residing at XXXX (in the outskirts of XXX city name comes here) on being invited by them on 21^st Jan., 2001 and spent whole day with them. It is pertinent to mention that this was the first visit of the petitioner to the new house of XXXX and XXXX.

(i) The misfortune of the petitioner stepped in when he returned to the place of his mother-in-law on 22^nd Jan. 2001 after doing some work for few hours by leaving his wife and daughter with his mother-in-law where they were staying since 19^th Jan., 2001. The petitioner saw his brother-in-law (respondent No.X) sitting with his mother-in-law and five other unidentified people but did not find his wife and daughter in the house. On inquiry regarding whereabouts of his wife and daughter, the respondent No.X asked the petitioner to leave the house and the city of XXX immediately and forget his wife and daughter. The petitioner was shocked to face this kind of sudden change in the behaviour of his in-laws, as such a situation was not at all expected by him. The petitioner inquired from his mother-in-law as to what was the matter but she also behaved in the same manner as his brother-in-law (respondent No.X). On repeatedly inquiring by the petitioner about his wife and daughter, the respondent No.X threatened of dire consequences of involving the petitioner in a police case and elimination of his daughter in case he did not leave the city ofXXX immediately. On showing the protest of not leaving XXX without his wife and daughter, the petitioner was threatened to life by respondent No.X and other persons present there equipped with knives and revolver. The petitioner was left with no choice but to leave the house in a very sad, confused, embarrassed state of mind.

(a) The petitioner tried to call on his mother-in-law’s phone numbers but without any response. He stayed at the Hotel XXXX near XXXX in XXXX in the night of 22.1.2001. Due to fear of life of wife and daughter, the petitioner did not inform of this situation to any one. The petitioner could not attend the rituals for which he and his family were invited. On 24.1.2000, the petitioner tried to contact his mother-in-law but without any result. Thereafter, the petitioner contacted respondent No. X on his mobile number and the respondent No.X on coming to know about the presence of the petitioner in XXX (city), he threatened to send the petitioner’s wife with daughter out of India in XXX, XXX where the petitioner’s eldest sister-in-law is residing and then the petitioner will never be in a position to meet his daughter. The respondent No.7 also threatened of registration of false police case against the petitioner, in case he approached his mother-in-law’s place or the Police. As the petitioner had to come back to XXX, he finally decided to report the matter at XXX Police Station where his complaint has been registered. However, a copy of the report has not been supplied to him. Since there was a major accident, the police did not prefer to take immediate action on the report of the petitioner. Eventually the petitioner came back to XXXX without his wife and daughter but before that, he once again tried to contact the number of his mother-in-law at her residence but got no response. After some time, the sister-in-law of the petitioner spoke to me for some time and suggested me to go back as his wife and daughter would not be coming with the petitioner and there was a plan to send the daughter of the petitioner to abroad where his sister-in-law XXX is residing. Photo copy of train ticket of return journey of the petitioner to XXXX is enclosed as Annexure.P6.

(j) From the above, it is evident that the respondents X and X have illegally detained the wife and daughter of the petitioner in their house and they threatened the petitioner of life and of false criminal case against him in case he did not leave Kolkata. The Police also seems to have not taken any action on the report of the petitioner in this connection and therefore, left with no alternative, the petitioner is approaching this Hon. Court for issuing a writ of habeas corpus directing the respondents X and X to produce the Mrs. XXX, wife of the petitioner and XXX alias XXX, daughter of the petitioner before this Hon. Court and they be allowed to reside with the petitioner and appropriate action against the respondents X and X be directed to be initiated in accordance with law for their illegal act of detaining the wife and daughter of the petitioner. The respondents X to X be also directed to ensure that the wife and daughter of the petitioner are produced before this Hon. Court by the respondents X and X.

6. GROUNDS

(b) The act of the respondents X and X in detaining the wife of the petitioner (respondent No.X) and his daughter XXX alias XX and not permitting them to come back to XXX is illegal.

(c) For that the inaction on the part of police authorities respondents X and X on the report of the petitioner is per se illegal.

(d) For that the respondent No. X is the legally married wife of the petitioner and therefore, the respondents X and X have committed an offence in illegally detaining them in their house.

(e) For that the repeated requests of the petitioner to the respondents X and X to send his wife and daughter with him to XXX and allow him to meet them did not work and the petitioner was compelled on account of repeated threats to life of the petitioner and of sending his daughter out of India as also registration of false case against him, to come back to Jabalpur without his wife and daughter. The respondents X and X have thus committed an offence punishable under the Indian Penal Code.

7. RELIEFS SOUGHT

The petitioner prays for the following reliefs:

(i) The Hon’ble High Court may be pleased to issue a writ of habeas corpus directing respondents X to X to immediately produce the respondent No. X Smt. XXXX, wife of the petitioner, and XXXX alias XXX, aged XXX months, daughter of the petitioner before this Hon. Court.

(ii) The Hon’ble High Court may be pleased to issue appropriate writ or order directing respondent No.X to accompany the petitioner along with his daughter XXX alias XXX and the respondent authorities be directed to give protection to them.

(iii) The Hon’ble High Court may be further pleased to direct the respondent authorities to take appropriate action against respondents X and X for their illegal act of detaining the wife and daughter of the petitioner and not permitting them to come back to XXX along with the petitioner and for their act of not permitting the petitioner to meet his wife and daughter while at XXX (city name of them).

(iv) Any other order or direction deemed just and proper in the facts and circumstances of the case may also be passed, with cost of these proceedings.

8. INTERIM RELIEF

Nil.

9. MATTER NOT PENDING

The petitioner declares that no other petition or application is pending before any authority or Hon. Court in respect of the subject matter of this petition.

10. REMEDIES EXHAUSTED:

The petitioner further declares that he has no other alternative efficacious remedy available to him except approaching this Hon. Court.

11. LIST OF ENCLOSURES:

As per Index.

12. An affidavit in support of the petition is filed herewith.

Place,

Dated: XXX

COUNSEL FOR PETITIONER

IN THE HON. HIGH COURT OF XXXXX

W.P.NO.__________OF 2010 (Habeas Corpus)

Petitioner: XXX

Vs.

Respondents: State of XX. and others.

AFFIDAVIT

I, XXX, aged XXX years son of XXX, resident of Jabalpur, District XXX, the petitioner herein do hereby state the following on oath:

I am petitioner and am aware of the facts of the case. I have read and understood the contents of attached petition. I state that the petition has been drafted under my instructions.

I state that the contents of paragraphs 1 to 12 of the said writ petition are true to my personal knowledge and belief, documents annexed, record of the case available, legal averments and grounds mentioned therein are true to legal advice and that I have not suppressed any material fact

DEPONENT

VERIFICATION

I, XXXX, the above named deponent do hereby verify at XXX this ___ day of XXX, 2010 that the contents of paragraphs 1 and 2 above of the affidavit are true to my personal knowledge and belief and that I have not suppressed any material fact.

DEPONENT

IN THE HON. HIGH COURT OF XXXXX

W.P.NO.__________OF 2010 (Habeas Corpus)

Petitioner: XXXX

Vs.

Respondents: State of XXX. and others.

APPLICATION FOR URGENT HEARING

The Petitioner above named humbly submits as under:

The Petitioner is filing the accompanying writ petition for reliefs claimed therein. The Petitioner has made out a good ground for interference of this Hon. Court.
It is submitted that as the petition is being filed seeking writ of habeas corpus and question of liberty of the wife and daughter of the petitioner is involved, the matter is urgent and requires immediate interference by this Hon. Court.

PRAYER

It is therefore humbly prayed that the Hon. Court may be pleased to take up the writ petition for hearing and orders urgently in the interest of justice.

XXX,

Dated: XXX.

COUNSEL FOR THE PETITIONER

IN THE HON. HIGH COURT OF XXXX

W.P.NO.__________OF 2010 (Habeas Corpus)

Petitioner: XXX

Vs.

Respondents: State of XX. and others.

APPLICATION FOR PERMISSION TO FILE AND PROSECUTE THE PETITION IN Holidays / VACATIONS.

The Petitioner above named humbly submits as under:

The Petitioner is filing the accompanying writ petition seeking writ of habeas corpus and hence the matter requires immediate interference by this Hon. Court.

As the matter is urgent, the petitioner is filing an application for urgent hearing.

It would be therefore expedient and in the interest of justice to permit the petitioner to file and prosecute the petition in summer vacations.

PRAYER

It is therefore humbly prayed that the Hon. Court may be pleased to permit the petitioner to file and prosecute the writ petition in summer vacations in view of the urgency involved in the interest of justice.

Place:

Dated: XXXXX

COUNSEL FOR THE PETITIONER