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‘Harassed’ Kashmiri woman moves High Court

Correspondent


Unable to bear torture she deserted her husband, four children


CUTTACK: Unable to bear the torture of her husband and finding no support from anyone in her locality, 29-year-old Kashmir woman Nazia Banu alias Sehenaz who had escaped to Orissa last month has knocked the State High Court here for justice. The High Court has fixed Tuesday next to hear her case and decide whether she should be allowed to stay here or sent back to her native place in Badagaon district of Jammu and Kashmir to be produced before a local court.

Sehenaz, a mother of four children left her husband and home and landed up in Bhubaneswar on October 16 with an Oriya boy Digambar Bisoi (25) of Nayagarh district. Following their escape from Kashmir, Sehenaz’s husband Md. Yusuf had filed a case of kidnapping on which a Kashmir court had issued NBW against Digambar.

Affair denied

Sehenaz claims that she doesn’t have an affair with Digambar or has eloped with him. “Rather I have deserted my husband Md. Yusuf and left home of my own for the unbearable torture meted out to me by my husband. The local boy (Digambar) has given me moral support only,” she said in her appeal to the High Court seeking to quash an order passed by a Bhubaneswar court. She has expressed her disinterest to return to Kashmir while stating that she had voluntarily left her husband’s house and was not kidnapped.

The single judge bench of Justice Indrajit Mohanty taking up her appeal has asked the State counsel to get instructions from the government over the issue and has fixed November 13 to hear the case again.

Interim stay

Justice Mohanty however has put an interim stay on the operation of the order of Bhubaneswar SDJM court and has directed that Sehenaz shall continue to stay in the short-stay home while Digambar shall remain in the custody of Bhubaneswar special jail until further orders.

On their arrival at Bhubaneswar railway station, the city police on the basis of a fax massage sent by JK police had taken both Sehenaz and Digambar into custody.

Digambar was remanded in court while Bhubaneswar police sent Sehenaz to the short-stay home. Subsequently a two-member JK police team arrived at Bhubaneswar on October 27 and prayed the local SDJM court seeking to take both the accused and victim on ‘transit remand’ to be produced before the Budgaon CJM court.

Although, the Bhubaneswar court had refused to send the duo to JK with the team for lack of sufficient escort including lady police, it had directed that the victim and accused should be produced before the JK court.

Accordingly, it had asked the JK police to take appropriate steps for obtaining production warrant along with escort requisition to take both to JK

Sehenaz however, with the help of Bhubaneswar based short-stay home and Cuttack based Centre for Legal Aid to Poor (CLAP) moved the Orissa High Court challenging the Bhubaneswar court’s order.

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