IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Habeas Corpus Writ Petition No. 22 of 2009 Smt. Musharrat Jahan @ Musrati (Through Abdul Rauf) D/o Mohd. Jaan R/o Babarkhera, P.S. Kunda, District Udham Singh Nagar. [ . Petitioner ...………… [ Versus 1. State of Uttarakhand through Secretary Home, Dehradun. 2. Sub Divisional Magistrate Kashipur, Udham Singh Nagar 3. Superintendent Nari Niketan, Hadlwani, Nainital. ...…………. Respondents Mr. Mohd. Azim, Advocate for the petitioner. Mr. S.S. Adhikari and Mr. B.S. Parihar, Brief Holders for respondents No. 1, 2 and 3. Mr. Abdul Wahid, Advocate for the husband (not party in the petition). Hon’ble Prafulla C. Pant, J. Hon’ble V. K. Bist, J. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of habeas corpus, directing the respondents to produce the petitioner Smt. Musharrat Jahan @ Musrati, who is said to be in alleged illegal detention in custody of respondent No. 3 (Superintendent, Nari Niketan, Haldwani, District 2 Nainital). This Court, after hearing learned counsel for the petitioner and learned counsel for the State, vide its order dated 04.12.2009, directed the respondent No.2 to produce the corpus of the petitioner (i.e. Smt. Musharrat Jahan @ Musrati). In compliance of said order the petitioner has been produced by the respondent No. 2 before this Court today. 2) We heard learned counsel for the parties, and also made queries to the petitioner, who is produced in person before this Court. Smt. Musharrat Jahan @ Musrati (petitioner) stated before us that she was married about nine years back to Azam Ali (husband represented through his counsel Mr. Abdul Wahid in the Court today). She states that since she is ill-treated in her husband’s house, as such, she has left her husband’s house. She further made a statement before us that she had gone to her parental house after leaving her husband’s house, but there also she was not welcome. As such, she is not inclined to live either with her parents or with her husband. She further made a statement that she is not ready to live in Nari Niketan where she has been sent against her wishes by the respondent No. 2. The petitioner is a major aged more than 25 years. 3) Mr. Abdul Wahid, learned counsel for the husband (not party in this petition) pleaded that the custody of the petitioner be given to her husband. It is 3 further contended that Abdul Rauf with whom the petitioner is desirous to live, has no right of her custody. The husband has a right to file suit for restitution of conjugal rights or to divorce the petitioner as per the law applicable to the parties, but he has no right to forcibly keep the wife as prayed by him. 4) Having considered submissions of learned counsel for the parties, this writ petition is disposed of with following direction: The petitioner Smt. Musharrat Jahan @ Musrati be set at liberty in the Court itself, and she is free citizen to go wherever she likes. (V.K. Bist, J.) (Prafulla C. Pant, J.) 24.12.2009 24.12.2009 H.Negi