Dismissed

Ajay Kumar v. Commissioner of Police & Ors.

Delhi HC17 Aug 2018W.P.(CRL)/2195/2018

Case brief

AI extract

What is this about?

This order concerns a writ petition seeking the release of the petitioner's daughter, Shilpi, from a protection shelter. The High Court observed Shilpi was an adult (18) and voluntarily desired to live with her husband. Ruling that she is free to decide, the Court directed her immediate release from the shelter and return to her husband, dismissing the writ as no longer maintainable.

What did the court decide?

Shilpi be straightway released from Prayas and permitted to return to her husband, Anil Kumar. The petition is disposed of as habeas corpus is no longer maintainable.

Ajay Kumar Vs Commissioner of Police & Ors. — Child Custody and Guardianship | Delhi HC (2018)

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$~7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 2195/2018

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AJAY KUMAR ..... Petitioner Through: Ms. Amrita Chatterjee, Advocate.

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versus

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COMMISSIONER OF POLICE & ORS. ..... Respondents Through: Mr. Rahul Mehra, Standing Counsel with Mr. Chatanya Gosain, Advocate along with SI Sandeep and Insp. Shailendra, P.S. Fatehpur Beri, Delhi.

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CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL

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O R D E R

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% 17.08.2018

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The latest status report has been perused. The Petitioner’s daughter was found on 24^th July 2018 with Anil Kumar in Manesar, Haryana. The status report further states that the marriage of the Petitioner’s daughter Shilpi with Anil Kumar at Arya Samaj Mandir on 14^th July 2018 has been got verified. Shilpi has further confirmed this in her statement before the learned Metropolitan Magistrate at Saket Courts, New Delhi recorded on 25^th July 2018 under Section 164 Cr PC. Shilpi has asserted that she has married Anil of her own free will and wants to live with him.

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Shilpi is present before the Court. Presently, she is at Prayas Tukalgabad, New Delhi, for her 'care and protection'. The status report notes that notices have been issued under Section 91 Cr PC regarding the verification of

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W.P.(Crl) 2195/2018

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Page 1 of 3

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Shilpi's age. Her school record reflects her date of birth as 15^th August 2000 in terms of which she is a major as of date. Sub-Inspector (SI) Sandeep, who is present in the Court, instructs Mr. Mehra to inform the Court that according to Shilpi, her date of birth is 15^th August 1999.

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Learned counsel for the Petitioner points out that Shilpi turned 18 only on 15^th August 2018 and that at the time of her marriage she was below 18. She submitted that Shilpi's parents should be allowed to meet her at the Mediation Centre annexed to this Court.

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Shilpi, however, states that she has already met her parents. She is disinclined to meet them again at this stage. She is clear that she wants to return to her husband.

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Since at present Shilpi is 18 years old, and an adult, she is free to decide where she wants to be. Since she is unequivocal that she wants to return to her husband, there can be no legal impediment in directing that Shilpi be straightway released from Prayas and be permitted to return to Anil, her husband. It is ordered accordingly.

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The Station House Officer (SHO) concerned will facilitate Shilpi's retiurn to her husband forthwith. The SHO will also assess if there is any protection to be afforded to Anil and Shilpi and issue appropriate directions in that regard.

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As regards the Petitioner, it will open to him to seek other legal remedies since the question of continuing to entertain the present petition for a writ of

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W.P.(Crl) 2195/2018

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Page 2 of 3

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habeas corpus does not arise.

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The petition is disposed of.

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Copy of order be given dasti under the signature of Court Master.

S.MURALIDHAR, J.

VINOD GOEL, J.

AUGUST 17, 2018

“shailndra/sandeep”

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W.P.(Crl) 2195/2018

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Page 3 of 3

Ajay Kumar v. Commissioner of Police & Ors.

Case brief

What is this about?

What did the court decide?

Ajay Kumar v. Commissioner of Police & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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