Sakinaka resident files habeas corpus petition alleging he did not get any help from the police; court issues notice to home secretary, police
Bombay High Court. File pic
Coming to the rescue of an accountant, the Bombay High Court on Thursday issued a notice to the state home secretary and Sakinaka police after the man filed a habeas corpus petition alleging that his wife had been abducted by his in-laws. Following the notice, the cops, who earlier did not entertain the petitioner, registered an FIR and began a probe.
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Sakinaka resident Pravin Kadam, 31, moved the HC on Wednesday, saying his wife Bhagyashree Kadam, 29, have been forcibly taken from him by her mother and brother. The couple, colleagues at a leading electronic chain store, got married under the Special Marriages Act on March 8. In the petition, filed by his lawyer Rakesh Singh, Pravin said he did not get any help from the police when he approached them first.
Citizens at times file a habeas corpus petition to ensure the release of a person who has been unlawfully held captive. In such cases, the court directs the person so detained to be brought before it to examine the legality of the detention.
“The court has issued notice to the Home Secretary and Sakinaka police based on which the police registered an FIR. The matter will be heard on March 31,” said advocate Singh.
As per Pravin’s petition, his wife’s family learnt about their marriage through the police. Her mother and brother, who live in Kalyan, reached Pravin’s Sakinaka home.
“They started persuading the petitioner and his entire family that they will perform the arrange marriage but for the time being let their daughter go with them or else their name will be spoiled in society [sic],” reads the petition.
Bhagyashree initially refused to go with her family but when she saw that her mother was not feeling well, she agreed but insisted that her mother-in-law accompany her. The petition claims that after crossing about 100 metres, Bhagyashree’s family started assaulting her and Pravin’s mother. It was also claimed in the petition that at Kalyan, Bhagyashree’s family stopped the car and pushed Pravin’s mother out of the vehicle. “There was no help from the police and hence we had to move the high court for urgent hearing and directions of the court because this is abduction and her life is in danger,” advocate Singh told mid-day.
The petition also says that Bhagyashree’s number is switched off and through one of her friends, Pravin learnt that she had been assaulted badly and kept at an undisclosed location by her family.
“The police have started their investigation and we believe that they will bring her before there is any harm to her,” Singh added.
8 March
Day the couple got married