AI Structured Summary
Not yet generated for this judgment
Judgment
R.Nataraj, J
The petitioner has filed this petition seeking a writ in the nature of habeas corpus for a direction to respondent Nos.1 to 4 to produce the petitioner's wife Smt. Aishwarya W/o Siddharth Moorman, who is allegedly confined wrongfully by respondent Nos.5 and 6.
It is stated that the petitioner is the legally husband of Smt. Aishwarya, who is the daughter of respondent Nos.5 and 6 and marriage of petitioner with Smt. Aishwarya was solemnized on 22.09.2020 in the office of Registrar of Marriage, Vijayapura. The petitioner and his wife belongs to different caste. Respondent Nos.5 and 6 were not in favour of their marriage and were objecting for marriage of the petitioner with their daughter Smt. Aishwarya. The respondent Nos.5 and 6 were troubling her and harassing the petitioner and his wife. The petitioner along with his wife submitted a letter dated 26.09.2020 to the respondent No.1 and sought for police protection against the harassment of respondent Nos.5 and 6.
It is further stated that Smt. Aishwarya has conceived and is now carrying a child in her womb. On 12.09.2021, the respondent Nos.5 and 6 along with few persons forcibly took the wife of petitioner from her matrimonial home and threatened the petitioner with dire consequence. Hence, the petitioner submitted a complaint on 12.09.2021 to the respondent No.3. The respondent No.3 did not register the complaint of the petitioner. The petitioner met the respondent No.3 and enquired about his complaint. The respondent No.3 informed that he has closed his case and directed the petitioner not to approach him. On 18.09.2021, the petitioner went to meet his wife at her parental home. But, respondent Nos.5 and 6 did not allow the petitioner to meet his wife and abused him and threatened him with a dire consequence. It is further stated that the petitioner's wife was kidnapped and wrongfully confined by the respondent Nos.5 and 6. Hence, this petition.
The respondent No.4 is present before the Court and produced Smt. Aishwarya in the open Court. Along with her, respondent Nos.5 and 6 are present.
Respondent Nos.4 and 5, the parents of the said Smt. Aishwarya are present.
On being asked, Smt. Aishwarya submitted before us that she is aged about 21 years and is the wife of the petitioner and a resident of Indi village. She further submitted that she is willing to accompany the petitioner. She has expressed her wish to go to the house of the petitioner. Her submission is placed on record. As per her wish, Smt. Aishwarya is permitted to return to the house of the petitioner.
At this stage, the petitioner undertakes to take care of his wife's educational expenses and also to take care of child in the womb of Smt. Aishwarya. He further submits that he would keep Rs.2,00,000/- in the fixed deposit in any nationalized bank in the name of Smt. Aishwarya till she completes her education within a period of one month from today. He further submits that he would transfer the lands fallen to his share in the name of Smt. Aishwarya. His submission is placed on record.
For the foregoing reasons, Smt. Aishwarya is set free to go along with the petitioner.
In view of the above, the petition is disposed off accordingly.