Writ petition under habeas corpus seeking production of wife was dismissed as infructuous after respondent produced her and she independently stated she does not wish to reside with the petitioner.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
ASHWANI
..... Petitioner
Through: Ms. Joshini Tuli and Mr. Ashu Kr Sharma, Adv.
versus
STATE NCT OF DELHI & ORS
..... Respondent Through: Mr. Rahul Mehra, Standing Counsel and Mr. Tushar Sannu, Advocate for the State with Insp. PC. Yadav, PS Roop Nagar and Insp Anil Chauhan, PS Mukherjee Nagar
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE DEEPA SHARMA
%
O R D E R 02.05.2017
The petitioner has preferred the present writ petition to seek a writ of habeas corpus directing the respondent to produce his wife Pooja. The status report has been filed on record on 20.04.2017 and Pooja has been produced in Court. Pooja states that she does not wish to reside with the petitioner.
As per the status report, in her statement recorded by the police, Pooja has stated that she is residing at Azadpur, Delhi with one Sumit. She states
that she is living with Sumit out of her own free will. She also states that the petitioner used to harass her and that is why she has left her husband and started to live with Sumit. She also stated that she wanted to marry Sumit and she is going to file for divorce soon with the petitioner.
We have interacted with Pooja, who is present in court and she reiterates that she does not wish to go with the petitioner. Since Pooja has been located and produced before this Court and she does not wish to accompany the petitioner, this petition does not survive. The same has become infructuous and the same is dismissed as such.
VIPIN SANGHI, J
DEEPA SHARMA, J
MAY 02, 2017 sr
ASHWANI
STATE NCT OF DELHI & ORS
VIPIN SANGHI
DEEPA SHARMA
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
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