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1999 DIGILAW 1562 (ALL)

ROOBI v. RUPESH KUMAR GUPTA

1999-09-30

VIRENDRA SARAN

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VIRENDRA SARAN, J. The present Habeas Corpus writ petition has been preferred on behalf of Smt. Roobi wife of Abdul Farced and Km. Nida, 8 years old minor daughter of Abdul Farced. In fact, the Habeas Corpus writ petition has been filed by Abdul Farced who has signed the vakalatnama on behalf of the petitioners. 2. By means of this writ petition, Abdul Farced has prayed for a writ in the nature of Habeas Corpus for setting free the petitioners. In the petition, Rupesh Kumar Gupta and Prakash Gupta have been arrayed as opposite parties. 3. Today, when the case was called out Smt. Roobi appeared before this Court along with her minor daughter Km. Nida and the statement of Smt. Roobi was recorded. She stated in her statement that she is living separately from her husband along with her child Km. Nida for the last about two months. She further stated that she was not in any illegal confinement. She stated that she was ready to hand over Km. Nida to Abdul Fareed. Smt. Roobi further stated that she has already been divorced by her husband earlier. During course of hearing of the writ petition, Abdul Fareed pronounced divorce against Smt. Roobi in open Court three times. The statement of Abdul Fareed was also recorded and in his statement, he stated that he has divorced his wife in open Court and she was no more his wife. I have already observed above that Smt. Roobi was willing to give the custody of Km. Nida to Abdul Fareed. In view of this, the child was given in the custody of Abdul Fareed. 4. The stand taken by Smt. Roobi was that Abdul Fareed had already divorced her. At any rate, Abdul Farced again divorced her in open Court orally and his statement recorded in this Court, which he has signed, also amounts to a written divorce. 5. Since Smt. Roobi has stated that she is living separately and she is a major and further she denied the allegation of illegal confinement by the opposite par ties, this Habeas Corpus writ petition regarding Smt. Roobi fails. Custody of Km. Sada having been given to Abdul Farced, the proceedings in this writ petition regarding the custody of the child also stands concluded. 6. Custody of Km. Sada having been given to Abdul Farced, the proceedings in this writ petition regarding the custody of the child also stands concluded. 6. While I was dictating the judgment, Smt. Roobi stated orally that she ap prehends danger to her life at the hands of tier ex- husband Abdul Fareed and his sympathisers. She further said that she was being ill- treated by Abdul Fareed and since Rupesh Kumar Gupta sympathised with her. Abdul Fareed stated entertaining un necessary and uncalled for suspicion in his mind and divorced her and she was left with no option excepting walking out of the matrimonial home, 7. In the result this Habeas Corpus writ petition is dismissed so far as Smt. Roobi is concerned, but the custody of the child Km. Nida is given to Abdul Fareed. Il may be mentioned that besides Km. Nida, Sml. Roobi had another child Km. Sada from Abdul Fareed. Child Km. Sada is admittedly living with her father. In the interest of justice, I feel it expedient that Smt. Roobi be allowed to meet her children. Accordingly, it is directed that it shall be open to Smt. Roobi to apply to the learned Principal Judge, Family Court, Lucknow who shall arrange a meeting of Smt. Roobi with both the children Km. Nida and Km. Sada. Such meeting may be arranged with an interval of one month or such intervals as the Principal Judge, Family Court, Lucknow may consider proper. The place of the meeting shall also be decided by the learned Prin cipal Judge keeping in mind the fact that the relations of the husband and wile no more exist between Abdul Fareed and Smt. Roobi and they are on strained relations. If it be necessary, the Principal Judge, Family Court may arrange for police protection through t he Senior Superintendent of Police, Lacknow and the Senior Superintendent of Police, Lucknow is directed to see that any request of the Principal Judge, Family Court in this regard is properly attended to. 8. I part with the case with the hope that Abdul Fareed will not do anything to harm Smt. Roobi which in turn may lead to unpleasant consequences and may also ruin the lives of the children he has in his custody. Sometimes people fall prey to their so-called friends and sympathisers in taking wrong decisions. 8. I part with the case with the hope that Abdul Fareed will not do anything to harm Smt. Roobi which in turn may lead to unpleasant consequences and may also ruin the lives of the children he has in his custody. Sometimes people fall prey to their so-called friends and sympathisers in taking wrong decisions. It will be in the interest of both Abdul Farced and Smt. Roobi to open a new leaf in their lives and live peacefully. 1 also hope that both the parties will not indulge in unnecessary litigation, as litigation will tell upon the entire future lives of the children they have brought in this mortal World. .