Habaeus Corpus on daughter in law

Its not understandable how Habeas Corpus comes into picture in this case.

Are you really aware of purpose of Habeas Corpus?

As far as 498-A proceedings are concerned there are enough judgments by SC that the proceedings are maintainable where the cruelty or the offence was committed.

haebus corpus? read about it

Dear Querist,

As already advised elsewhere, you may expose this fraud in writing of a complaint to the appropiate PS and if no action appears forthcoming, may then re-lodge the same to the higher authorities.

Habaeus Corpus in the present fact is unwarranted. Please elaborate to understand the same and advise accordingly.

You may also seek transfer of the case to your jurisdiction by filing Transfer Petition on some valid grounds and same needs to be prayed for in the Supreme Court (since two different States are involved).

Thanks & regards.

Rabin Majumder
Advocate & Attorney
For Nu.Delhi.Law.Fora.
At:
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001

heabus corpus not applicable here.

the said wife not under illegal confinment of any person.

you have to answer her suitably by some other way.

keep watch on the advices also take help of a senior and effective lawyer.

Concurred with Sir.Arup.Habeas Corpus would lie against wrongful deprivation of personal liberty. According to Hon'ble Hidyatullah,J (As he then was) rightly stated: "the writ of habeas corpus issues not only for release from detention by the State but also for release from private detention. In your case there is no detention or Confinement as pointed out by Arup Sir.

Dear all,

Thanks very much for the gen information,

however in the instant case the issue is not about wrongful confinement or detention by ANY ENTITY,

be it state or indivdual.

The issue is that the  complainant having shown a wrong residential address, has filed a case where it suited her scheme has fled from the scene. She is not avaialble at the shown address. In fact, her defacto

place of residence is not known or placed in the police records, as of now in other words the complainants

where abouts  are not know to the accused. The PS is feigning ignorance on the matter. Also, in this case the (ostensibly) missing compalinant also happens to be a family member of the accused.

If habeas corpus invocation is not merrited in the case of missing persons then  the matter is not for furhter discussions, i presume.

However it is for the legal pandits to enlighten me for that further with due regards to the peculiar situation metnioned above.

Thks & Rgds

the complainant gave false address to the police station and on that basis a case of 498a registered.

here her plea would be, due to the accused,s fear, she do so. it happens and sometimes the female complainant use their advocates address.

however you bring the facts to the concerned court, to get the justice.

giving false information to the police is also a punishable offence.