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2012 DIGILAW 930 (PNJ)

Jasmine Kaur Manak v. Sarabjit Manak

2012-07-17

NAWAB SINGH

body2012
JUDGMENT NAWAB SINGH. J Jasmine Kaur Manak wife of Sh. Yudhvir Manak has filed this petition seeking issuance of writ in the nature of habeas corpus to get released her husband from the custody of his mother Sarabjit Manak-respondent No.1. The petitioner was married with Yudhvir Manak on February 17th, 2006. A female child was born out of the wedlock on July 26th, 2008. Unfortunately, Yudhvir Manak suffered brain hemorrhage and is in coma since 2011. This Court by order dated March 13th, 2012 directed the Commissioner of Police, Ludhiana to submit the position with regard to health of Yudhvir Manak. The Commissioner of Police, Ludhiana has filed reply/affidavit. For ready reference, paragraphs No.3 to 5 of the same are reproduced as under:- “3.That on receipt of the directions passed by this Hon'ble Court the answering deponent directed Additional Deputy Commissioner of Police, Zone-3, Ludhiana to verify the facts. The Additional Deputy Commissioner of Police, Zone-3 has personally verified the facts and has reported that Yudhvir Manak, husband of the petitioner is having severe cognitive impairment and he is being treated by Dr. Gagan Deep Singh, M.D. D./M. Professor and Head of the department of Neurology D.M.C Ludhaina in his house under the supervision of his mother Sarabjit Manak respondent No.1. The doctor treating him has opined that there is severe inability to communicate and he is partially dependent on others for his activities of daily living. 4. That respondents No.1 Sarabjit Manak mother of Yudhvir has also submitted a duly sworn affidavit in which she has specifically mentioned that she has never prevented the petitioner from meeting her ailing husband Yudhvir Manak. She has further mentioned that petitioner has left her in laws house without her consent and has gone to her parental house with her dowry articles. 5. That a common and joint statement of the residents of Housing Board Colony BRS Nagar Ludhiana has also been recorded on 30.3.2012 by Additional Deputy Commissioner of Police Zone-3, Ludhiana in which they have stated that the petitioner has left her in laws house on her own along with 12 to 13 suitcases. Nobody ever prevented the petitioner from meeting her ailing husband Yudhvir Manak.” In view of the reply filed by the State, in considered opinion of this Court, Yudhvir Manak is not a detenue rather being looked after by his mother. Hence no action is warranted. Nobody ever prevented the petitioner from meeting her ailing husband Yudhvir Manak.” In view of the reply filed by the State, in considered opinion of this Court, Yudhvir Manak is not a detenue rather being looked after by his mother. Hence no action is warranted. The petition is disposed of accordingly.