The case of the husband is that due to some misunderstandings his wife committed suicide the maternal uncle of his wife lodged a complaint u/s 304B against the husband..the husband was arrested and later released on bail in the meantime the maternal uncle of his wife taken away the two children of the husband from his house, since criminal case was pending he was fighting for his defence he could not take back his children.. by using this the said uncle extracted money from him by using his children... it is pertinent the father of the wife is still alive.. after full fledged trial the husband was acquitted by the court of sessions on the ground that the prosecution failed to proof..after his acquittal he insists the maternal uncle to hand over his children..but the maternal uncle refused and demanded 5 lakhs to hand over which resulted in lodging of complts.. due to the political background complaints were also not taken by the police...with no other option ...husband files writ of habeas corpus praying to produce the children from the illegal custody of the maternal uncle and hand over the custody to the husband..the above matter was listed today before the division bench ..but the bench was not convinced and dismissed it at the admission stage itself holding that it is not an illegal custody...i am preparing to move our apex court...i need suggestions from our members
