Application under Article 226 praying for a Writ of Habeas Corpus with a view to protect the fundamental right of liberty to live has been infringed by respondents as hereinafter mentioned

IN THE HIGH COURT OF JUDICATURE AT ………….
            Extraordinary Civil Jurisdiction
Writ Petition No……….of  20………
In the matter of……………………..
Mr…….……………………….    
v.
1…………..  2……….. 3…….. 4……

To,

The Hon'ble Chief Justice and his companion Justices,

The petitioner by this Writ requests and prays to the Hon'ble Court to issue a writ of Habeas Corpus as THE PERSONAL LIBERTIES OF THE PETITIONER HAVE BEEN INFRINGED, and also that of his minor child who is restrained, the restraint amounting to an offence.

The petitioner states that he has exhausted all his remedies, that too in his favour, even then the child is being held at ransom, which is apparent from the facts, an early action and a request for issuing a writ of mandamus directing  the petitioner to produce the child at …….., and give it  to him, as already held the welfare of the minor is with the petitioner who is the father and in no way unfit to handle his custody.

The petitioner respectfully states :

(1) In the month of …………., 20……. the petitioner filed an application for custody under Sections 12/25, Guardians and Wards Act being Reg. Misc. No. ………… between himself and ………………..

(2) After issue of the notices by due process of law, more than four times on ……..20…. the Hon'ble Court directed to produce the minor in the Court on ……..20…. holding the life of the minor in danger due to the adverse interest of petitioner Nos. 1 and 2.

(3) The petitioner is the father of the minor and filed the application under the Guardians and Wards Act before the District Court, ……. and therefore, the application was entertained after a marathon arguments.

(4) These orders were served  on the opposite parties which was proved by record, but the opposite-party did not care to the orders of …….Courts and, therefore, a notice of contempt of court was issued on ……..20….

(5) On ………..20…. orders for the production of the minor were passed under the Guardians and Wards Act and warrants under Section 97, Cr. P.C. were  issued. These have been issued more than five times but have failed.

(6) In this proceeding there were many incidents of illegal removing of papers of files and documents which is also a matter of record.

(7) The Hon'ble Court has given the custody of the child to the petitioner.

(8) Between the parties as named above another proceedings were pending under the Hindu Marriage Act, 180/88 in which an order of injunction for the removal of the minor has also been vacated on ……..20…….

(9) The petitioner stated that due to the will of the minor's paternal grand-father, such conspiracies were hatched out by the people who are respondents in the case, being the interested parties the abovenamed respondents have illegally restrained the custody of the minor and even on the warrants and criminal proceedings under Section 344, I.P.C. they have evaded  the said search warrants and warrants of arrest which proves beyond reasonable doubt, the contentions of the petitioner, who has been grievously hurt and is of a continuing nature.

(10) It is to be emphasis that the minor child …………is an illegal custody, the said retention amounting to an offence. As the applicant-father has got the custody under the Guardianship and Wards Act, and also under Section 34, I.P.C. non-available warrants have been issued twice, but as a strategy the respondents have by fraud and collusion taken a stay under Section 25, C.P.C. defrauding the highest court of the Land.

GROUNDS

1. As the competent courts at ……has declared the custodian the application under Section 12(1) of  G and W Act due to adverse interest of the respondent by its order dated …………20……

2. This order further confirmed on ………….. after four personal services on the respondents and after filing of Vakalatnama on …………., concealing the facts of the case moved a transfer application fraudulently, and have restrained the applicant because of the dire consequences to him and his child and also due to his break-down because of the above matter.

3. Warrants under Section 97, Cr. P.C. have been issued more than four times and warrants of arrest under Section 344, I.P.C. have failed more than three times.

4. The divorce petition filed by the respondent-wife in H.M.A. 180/88 has also been, the frauds and the contents are apparent.

5. The main cause, which is dangerous to the minor and his life is that of a will made by Sri……………….., paternal-grandfather of the minor, who died on ………… under mysterious circumstances after two years of complete paralysis and coma.

6. A fact which does not require any proof is that the petitioner has been poisoned or harassed in such a way that his pulse rate has reached alarming stage and as found out by Post Graduate Institute, ……………, that the life of the petitioner is in grave situation as the pulse rate at present is 140 minute and 160 per minute would amount to an haemorrhage or something of a grave nature.

7. The life of both the minor and the applicant is in danger and their personal liberties as promised by the Constitution which amount to illegal restraint and are jeopardised.

8. Annexure, i.e., the divorce petition and the applications which have completely failed, the respondent's case is also attached as a bona fides. It is, therefore, prayed that the learned High Court issue a Writ in the nature of Habeas Corpus.

9. Also issue a writ of mandamus directing the petitioner to produce the minor before the District Judge,…….., and face the contempt proceedings and other proceedings of which they have made the …………Courts a laughing stock. Any other order which the Hon'ble Court may deem fit.

Applicant/Petitioner.

Verification : Verified that the contents of this Writ Petition are true to the best of my knowledge and belief; that the life of the minor is in danger beyond reasonable doubt as is apparent from the application and the Annexure. So help me God.

Applicant/Petitioner.