Criminal writ petition filed by a wife seeking habeas corpus against her husband. The court held no case for writ as respondent was not compelled to stay away. Petition dismissed without adjudicating other issues.
Petition rejected without adjudicating other issues raised.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1589 OF 2007
Pinky, Wife of Shaktisingh Deora.. Petitioner
Vs.
State of Maharashtra & Ors. Respondents
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Shri N.K.Singh i/b M/s.M.P.Vashi for the Petitioner.
Smt.V.R.Bhosale, APP for Respondent Nos.1 and 2.
Respondent No.3 present in-person.
Shri Naqvi i/b Shri J.R.Gupta, Advocate for the
Respondent No.4.
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CORAM : R.M.S.KHANDEPARKAR &
SMT.V.K.TAHILRAMANI, JJ
DATED : 11TH SEPTEMBER, 2007
1. When the matter came up for hearing on the
last Monday the 3rd September, 2007, after hearing the
learned Advocates as well as the Petitioner and the
Respondent No.3 in person, the matter was adjourned to
this date in order to enable the parties to ascertain
and find out whether there would be any possibility of
amicable settlement.
2. When the matter was called out today, the
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Respondent No.3, present in person, stated that he is
not interested in living with the petitioner and there
has been no restraint or compulsion of whatsoever
nature for him to remain away from the petitioner.
Considering the same, we do not find any case being
made out for the writ in the nature of habeas corpus
prayed for by the petitioner.
3. For the reasons stated above, without
expressing any opinion in the matter on the other
issues which are sought to be raised in the petition
which cannot be adjudicated upon in writ jurisdiction,
the petition is rejected.
(R.M.S.KHANDEPARKAR, J )
( SMT.V.K.TAHILRAMANI, J)
1 issue framed by the court
Whether a writ in the nature of habeas corpus lies when the respondent is not compelled to remain away from the petitioner.
Pinky
State of Maharashtra
Respondent No.3
Respondent No.4
R.M.S.Khandeparkar
V.K.Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court