Filed for habeas corpus
Sheela Jain ..........
(Querist) 17 March 2013
This query is : Resolved
My son 5 1/2 years old was forcilbly take by my 1st in-laws from Hyderabad .Through the help of advocates I filed for Habeas Corpus to get back my son. High court has ordered us to give a notice to my 1st in-laws who stays in Karnataka.My advocate gave notice to my 1st in-laws 15 days back (the clause for days to reply back from my 1st in-laws was not mentioned). Now, we din't get any reply from my 1st in-laws though it is confirmed from the Speed-post that the notice was served to 1st in-laws.We didn't even get any reply from SHO, Police also.So, for how many days we should wait for their reply . we spoke to our advocate but they say that still the file has not come in the bench of High Court.
1) How many days will it take for my 1st in-laws to give reply to my advocate?
2) Hon'ble.Judge of High Court has told my advocate to serve the notice first. Do the Hon'ble Judge has accepted for the Habeas Corpus or is there many chances of getting Habeas corpus.
3)Did our Jurisdiction is made here i.e., I got remarried in Karnataka but I came back to my Parents place in Hyderabad.
Raj Kumar Makkad
(Expert) 17 March 2013
1. There is no such time limit if the same has not been mentioned in the notice specifically, however, it should be as earliest as possible.
2. Notice provides a chance to your in laws to put their side either before the court or before your lawyer so that high court may also take their case into consideration so the notice was directed to be sent. It do not mean that high court has accepted your case.
3. If your child was picked up from Hydrabad then the police of Hydrabad has jurisdiction to lodge a police complaint against the accused persons.
R.K Nanda
(Expert) 17 March 2013
no more to add.
Nadeem Qureshi
(Expert) 17 March 2013
AS PER YOUR QUERY, I don't think so that there is a need for this Writ, simply file an application before DM/SDM under section 97 of Cr.PC and get police help.
97. Search for persons wrongfully confined.
If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue, a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
Feel Free to Call
Nadeem Qureshi (Advocate)
Chember No. D-720, Karkardooma Court, Delhi
email : nadeemqureshi1@gmail.com
web: nadeemqureshi498a.webs.com
Mob: +91 9953809956
+91 8802305262
Devajyoti Barman
(Expert) 18 March 2013
Habeaus Corpus is not fit for the relief here.
If notice is directed to be issued then the case is admitted.
Sheela Jain ..........
(Querist) 20 March 2013
Sir. Today The Hon'ble High Court Has issued bailable arrest warrant against my 1st in-law's
1)What is the time limit that my 1st in-laws will appear?
2) Will my son also has to produce before the court?
3)From the decision given by the high court, will I get my son back ?
4) If 1st in-laws will not appear even after this warrant on a particular date, what are the consequences?
Anirudh
(Expert) 20 March 2013
Dear Sheela,
There is no hard and fast rule on all these things.
Since you have already engaged a lawyer, better consult and enquire from him. He will be the best person to answer depending upon the situation. we are not privy to the happenings, situations and circumstances.
If at all, we will only be making a wild guess. Therefore it will be of no use to you. Having filed the case, and the case is in the process, better keep patient. It is not email that once you send the other party will receive it instantly (even that doesn't happen).
Anirudh
(Expert) 20 March 2013
Mr. Nadeem,
The querist says that she has filed a Writ petition.
You say there is no need. Your answer could have been valid, if she had asked before filing the writ. How is it relevant once the party has filed the writ.
Sheela Jain ..........
(Querist) 21 March 2013
Sir. Honorable high court issued bailable arrest warrant against my 1st. in-law's. Should I file custody petition along with habeas corpus ?
