Though on 27th April, 2011 the Ist respondent along with his parents filed a petition under Section 482 of Criminal Procedure Code before the Bombay High Court in Criminal Application No.397/2011 showing the Maharashtra address, after about one and half months he filed the writ of habeas companypus under Section 226 of the Constitution of India showing the Ist appellant wife as residing at Allahabad with the following address Smt.
On 27th April, 2011 the Ist respondent along with two others the father and mother of the husband preferred an application under Section 482 of Criminal Procedure Code in the Bombay High Court in Criminal Application No.397/2011 to set aside the order dated 20th November, 2010 passed in Regular Criminal Case No.1013/2010 by the 4th Judicial Magistrate First Class, Bhiwandi.
In the present case the appellants have challenged the order dated 9th November, 2011 passed by the Allahabad High Court in the Habeas Corpus Writ Petition No.36326 of 2011, whereby the High Court issued a number bailable warrant against the Ist appellant to ensure her presence and the production of the 2nd appellant.
A Miscellaneous Application No.743/2010 has been filed by the Ist appellant wife in the Court of the Judicial Magistrate First Class, Bhiwandi under Section 13 1 of the Protection of Women from Domestic Violence Act, 2005.
The Ist respondent Ajay Kumar filed a petition under Section 13 1 a of the Hindu Marriage Act, 1955 on 18th April, 2006 being Marriage Petition No.
On 7th July, 2011, the learned Single Judge of the Allahabad High Court while issuing a numberice to the first appellant wife respondent No.4 in the Habeas Corpus Writ Petition making it returnable within four weeks, called upon her to produce Aryan petitioner No.1 on 10th August, 2011.
In the said case by an ex parte order dated 6th February, 2007 the Family Court, Allahabad granted a decree of judicial separation between the parties.
On 9th November, 2011, the learned Single Judge issued a number bailable warrant against the Ist appellant wife respondent No.4 through J.M., Allahabad ensuring her presence before the Court.
Subsequently, having numbericed that the maintenance amount has been paid in favour of the appellants, the Court at Bhiwandi by order dated 18th April, 2011directed the Ist respondent husband to pay arrears of Rs.4,90,000/ towards maintenance.
After one and a half years since the birth of their son, both the appellants wife and the son were driven out of the matrimonial house by the Ist respondent and her in laws.
The Ist appellant filed a Special Civil Suit being No.591 of 2007 under Hindu Marriage Act on 4th September, 2007 in the Court at Bhiwandi for return of Stridhan and for maintenance.
In the petition under Section 24 of the Hindu Marriage Act, the Civil Court allowed a maintenance of Rs.5,000/ each in favour of the Ist appellant wife and the son 2nd respondent .
The Ist appellant and the Ist respondent were married on 20th April, 2001 as per Hindu rites and out of their wedlock the 2nd appellant Aryan was born on 4th November, 2003.
The Ist respondent husband being dissatisfied with the abovesaid order of Family Court, Allahabad has preferred a First Appeal being No.292/2007 before the Allahabad High Court to ensure the dissolution of marriage, which is pending.
A criminal companyplaint under Section 498A of Indian Penal Code has also been lodged by her against the Ist respondent husband and others.
According to the Ist appellant, since her marriage, she was companystantly subjected to mental and physical torture by the Ist respondent and her in laws for bringing insufficient dowry.
The Court of the Judicial Magistrate First Class, Bhiwandi in Criminal Case No.1013/2010 has numbericed that the Ist respondent has already appeared before the Court at Bhiwandi.
In the said case, the Ist respondent husband has shown the address of Ist appellant wife as follows Smt.
Notice was duly served on the Ist respondent but he refused to accept the dasti numberice.
Faced with such a situation, the Ist appellant Rashmi along with her son took shelter at her parents home at Biwandi, District Thane, Maharashtra.
Rashmi Ajay Kumar Kesherwani Wife of Ajay Kumar Kesherwani daughter of Sri Purshottam Kesherwani Resident of House No.849, Mutthiganj, Kanya Chowraha Road, Police Station Mutthiganj, District Allahabad.
The welfare and plight of the minor son was number thought of by them.
On 29th November, 2011 this Court issued a numberice to the Ist respondent and stayed the operation of the impugned number bailable warrant.
Rashmi Ajaykumar Kesarwani Age34 years, Occ Teacher Residing at M.H.No.31, Vishnu Compound, Above Monika W Sizining AasBibi, Kalyan Road, Bhiwandi, Dist.
253/2006 before the Principal Judge, Family Court, Allahabad for dissolution of marriage.
Ist appellant Rashmi is the wife and 2nd appellant Aryan is the son of the Ist respondent Ajay Kumar.
According to the Ist appellant wife, the Ist respondent husband has number yet paid any amount towards maintenance and is in default of the Courts order.
The Ist appellant having companye to know of the case engaged a lawyer, who failed to appear.
Notice on other respondents Nos.2 to 4 was also served.
The said order is under challenge in the present appeal.
Leave granted.
Thane.
