Supreme Court · 2012 INSC 128 · Decided 12 March 2012

Rashmi Ajay KR. Kesharwani & ANR. v. Ajay KR. Kesharwani and ORS.

Court
Supreme Court of India
Citation
2012 INSC 128 · [2012] 4 S.C.R. 1153
Case number
CRIMINAL APPEAL No. 518/2012
Decided
12 March 2012
Bench
G.S. SINGHVI, S. J. MUKHOPADHAYA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 498A; Constitution Article 226; Hindu Marriage Act; Domestic Violence Act Section 13(1)

Headnote

A B Constitution of India, 1950 - Article 226 - Writ of Habeas Corpus - Maintainability ~ Matrimonial dispute between wife C and husband - Both of them living separately - The son born out of the wedlock living with the mother - In one petition filed by the husband before the High wife shown to be of Maharashtra - Husband also filing writ of Habeas Corpus, for producing the child before the Court D wherein address of the wife was shown to be of Uttar Pradesh - High Court issued non-bailable warrant against the wife - On appeal, held: No case was made out to entertain a writ

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