The Court handled a habeas corpus petition by the husband seeking production of his wife. Upon the wife's production in court stating she does not wish to cohabit with the petitioner, no further orders were called for and the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~4.
..... Petitioner
Through: Mr. Saroj Kumar Jha and Ms. Meenu Jha, Advocates
versus
STATE & ORS
..... Respondent Through: Mr. Rahul Mehra, Standing Counsel, GNCTD with Mr. Chaitanya Gosain, Advocate with SHO Sanjiv Kr, SI Sanjay, PS Harsh Vihar
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
%
02.07.2018
Issue notice. Mr. Mehra accepts notice. He has tendered in court the status report, which is taken on record.
The petitioner has preferred the present writ petition to seek a writ of habeas corpus for production of his wife Pooja – whom he claims has been unlawfully detained by her father, respondent no.2.
The police has produced Pooja in court. We have interacted with her in chamber as well as in the presence of the petitioner.
Pooja states that she is not willing to co-habit with the petitioner and that she wishes to remain in her parental home.
Since Pooja has been produced and she does not wish to reside with the petitioner, no further orders are called for in the present petition. The same is accordingly dismissed.
VIPIN SANGHI, J
I.S.MEHTA, J
JULY 02, 2018 sr
2 issues framed by the court
Whether to grant habeas corpus for production of petitioner's wife who is unwilling to cohabit with him.
Whether to order production of wife when she has already been produced in court and does not wish to reside with petitioner.
CHANDERKANT SHARMA
STATE
Respondent No.2
VIPIN SANGHI
I.S.MEHTA
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.
Judgements on the same questions, provisions and authorities, from every court
