BHANWARI DEVI @ BHONRI DEVI Vs SECR.,DEPTT.OF HOME AFFAIRS,GOVT..
Bench: ALTAMAS KABIR,CYRIAC JOSEPH, , ,
Case number: C.A. No.-003222-003222 / 2011
Diary number: 29579 / 2009
Advocates: K. L. JANJANI Vs
V. N. RAGHUPATHY
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.3222 OF 2011
[Arising out of SLP(C) No.28231 of 2009]
BHANWARI DEVI @ BHONRI DEVI & ANR.
... Appellant(s)
Versus
SECR.,DEPTT.OF HOME AFFAIRS,GOVT. SECTT.,JAIPUR & ORS.
... Respondent(s)
O R D E R
Leave granted.
2. We had issued notice on the limited point as to
whether the cost of Rs.30,000/- imposed on the appellants by
the High Court was justified upon dismissal of the
appellants' Habeas Corpus Petition.
3. Having heard learned counsel for the respective
parties and also having perused the impugned judgment and
the final order of the High Court, we are of the view that a
woman's anxiety to trace out her husband even if he is
declared dead on the ground that he had not been seen for
seven years, should not have been met with such a harsh
condition.
-2- C.A.3222/11
4. Accordingly, we allow the appeal to the extent that
cost of Rs.30,000/- imposed by the High Court, is hereby set
aside.
5. The appeal is allowed in the above terms.
..................J. (ALTAMAS KABIR)
...................J. (CYRIAC JOSEPH)
NEW DELHI; April 11, 2011.