BEFORE THE HON’BLE HIGH COURT OF BOMBAY,

AT MUMBAI

Original Writ Jurisdiction

W.P. No. 123 of 2019

Mr. Mohaseb Khan

Aged - 27 years

S/o Mr. Noushad Khan

R/o 103, Toscana, Viman Nagar, Pune……………………………. …………...

………..Petitioner

V.

1.       The State of Maharashtra,

through the Principal Secretary,

Department of Home, Govt. of Maharashtra

          Mumbai, Maharashtra

2.       The Superintendent of Police,

          Mazgaon, Mumbai

3.       The Station House Officer,

          Nagpada Police Station, Mazgaon, Mumbai

           

4.       The Senior Superintendent of Police,

         Nagpada Police Station, Mazgaon, Mumbai

5.       Station House Officer,

          Neco Gardens Police Station, Pune

6.       Mr. Gibreel Ahmad,

Aged-59 years

S/o Mr. Khursid Ahmad

R/o ABC Farms, Mazgaon, Mumbai

7.       Mrs. Farishta Ahmad,

Aged-52 years
 W/o Mr. Gibreel Ahmad

R/o ABC Farms, Mazgaon, Mumbai

8.      Mrs. Aleefa Khan

Aged 22 years

W/o Mr. Mohaseb Khan…………………………………………………….. Respondents

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950

To The Hon’ble Chief Justice and Companion Justices of The Bombay High Court

The humble petition of the above named Petitioner most respectfully showeth:

1. That the petitioner is a Civil Engineer by profession and is currently employed by the
National Highway Authority of India.
2. That the petitioner got legally married to the Respondent No. 8 under Special Marriage
Act, 1954 at Mumbai and the marriage was solemnized duly registered by the Marriage
Officer bearing no. 296/2016, and the said marriage is subsisting.
3. That this petition is not directed against any particular order. The petitioner filing this
writ Petition for issuing writ of Habeas Corpus directing the Respondents 1 to 7 to
produce before this Hon’ble Court, his wife, the respondent No. 8, Mrs. Aleefa Khan,
who has been illegally detained by the Respondent No. 6 and 7 at Pune and have not been
allowed the company of his wife with whom he is legally wedded, nor have they allowed
the petitioner to meet his wife despite repeated requests.
4. That the petitioner has reported the matter to the police to Respondent No. 3 but no
substantial advancement was made by him.
5. That the petitioner also approached the higher police authorities Respondent No. 2 and
Respondent No. 4 but unfortunately, there was neither any concrete action adopted by
them nor any significant efforts to bring back his illegally detained wife.
6. Facts of the case:
That the petitioner most humbly submits as under:
a. The petitioner is a resident of Pune. He was married to Respondent No. 8 and the
marriage was registered under the Special Marriage Act at Mumbai.
b. The marriage certificate with respect to the registration of marriage between the
Petitioner and Respondent No. 8 was issued by the Marriage Officer, a copy of
which is enclosed as Annexure A. The marriage was performed without any
dowry or exchange of gifts.
c. The couple was residing happily and peacefully at Pune and there was no dispute
between the couple.
d. On invitation by the Respondent No. 6 and 7, the petitioner and Respondent No. 8
visited their residence in Mazgaon, Mumbai. During the visit the petitioner and
Respondent No. 8 stayed along with his in-laws.
 e. That throughout a day the petitioner was taken at various places in Mumbai and at
the evening when the petitioner tried to inquire about his wife he was beaten and
threatened ‘to forget her and not to return to ask about her otherwise he shall face
dire consequences.’
f. That the petitioner tried several times to contact his wife, but he received
threatening replies from Respondent No. 6 and 7.
g. That the petitioner, thereafter approached Respondent No. 3 to lodge a complaint
against his illegally detained wife but to no avail.
h. That subsequently, the petitioner also approached higher authorities Respondent
No. 2 and 4 but no significant advancement was made by them either.
i. From the aforementioned facts it is evident that Respondents No. 6 and 7 have
illegally detained Respondent No. 8 and have threatened the petitioner for life.
j. That the petitioner was left with no alternative but to approach this Hon’ble Court
for issuing a writ of habeas corpus directing the Respondents No. 3, 6 and 7 to
produce Respondent No. 8 before this Hon’ble Court, and she be allowed to stay
with the petitioner and appropriate action against Respondent No. 6 and 7 be
directed to be initiated in accordance with law for their illegal act of detaining his
wife.
7. That the petitioner declares that there is no delay in filing this petition which requires any
explanation.
8. Grounds
a. That the act of Respondent No. 6 and 7 in detaining the wife of the petitioner and
not permitting them to come back is illegal.
b. That inaction on the part of police authorities Respondents No. 2, 3 and 4 on the
report of the petitioner is per se illegal
c. That for the repeated requests of the petitioner to the Respondents 6 and 7to send
his wife to Pune and allow him to meet them did not work and the petitioner was
compelled on account of repeated threats to life of the petitioner and of sending
his wife out of India. The Respondents 6 and 7 have thus committed an offence
punishable under the Indian Penal Code, 1860.
d. That the Petitioner has exhausted all other alternative legal remedies available to
him and that the only remedy left was to approach this Hon’ble Court.
9. Reliefs
a. The Hon’ble High Court may be pleased to issue a writ of habeas corpus directing
respondents 2 to 7 to immediately produce the respondent No. 8 Smt. Aleefa
Khan, wife of the petitioner before this Hon’ble Court.
b. The Hon’ble High Court may be pleased to issue appropriate writ or order
directing respondent No.8 to accompany the petitioner and the respondent
authorities be directed to give protection to them.
c. The Hon’ble High Court may be further pleased to direct the respondent
authorities to take appropriate action against respondents 6 and 7 for their illegal
 act of detaining the wife of the petitioner and not permitting her to come back and
for their act of not permitting the petitioner to meet his wife
d. Any other order or direction deemed just and proper in the facts and
circumstances of the case may also be passed, with cost of these proceedings.
10. That the petitioner declares that no other petition or application is pending before any
authority or Hon’ble Court in respect of the subject matter of this petition.
11. Enclosures are annexed as per index
12. An affidavit in support of the petition is filed herewith.

Place: Mumbai
Dated:  10th October, 2019
Sd.

COUNSEL FOR PETITIONER

Verification

I, Mohaseb Khan, the Petitioner abovenamed, do hereby state and solemnly affirm that the
contents of the present writ petition are true and correct to the best of my knowledge and belief.

Solemnly affirmed on this 10th Day of October, 2019 at Mumbai

Sd.

PETITIONER