Legal Question in Family Law in India

Can a wife file a case for PWDV act against his husband and his family after this case status:

HABEAS CORPUS No. - 385 of 2012

Petitioner :- Smt. Jyoti Respondent :- Shri Ratan Lal Joshi & Ors. Petitioner Counsel :- S.K.Banerjee Respondent Counsel :- A.K. Agnihotri

Hon'ble Sudhir Kumar Saxena,J.

This Habeas Corpus Petition has been filed for seeking the custody of Smt. Jyoti by her husband Vikas sharma on the ground that both have married on 11th March, 2011 and led happy married life but after some time parents of Jyoti took her away Kanpur and thereafter they ware not sending her.

Notice were issued to respondents who appeared in this Court along with detenue Jyoti (wife of Vikas Sharma).

On being asked, Jyoti has specifically stated that she is living with her parents happily and wants to remain there. She has further stated that she does not want to go with her husband Vikas Sharma.

In view of the above categorical statement, no relief can be granted in this petition as the detenue cannot be said to be in illegal detnetion.

The petition being devoid of merits is dismissed.

Asked on 6/08/13, 2:48 am

1 Answer from Attorneys

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Answered on 6/08/13, 6:31 am

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