Dismissed

Sh. Suresh v. Govt. of NCT of Delhi & Ors.

Delhi HC10 Sept 2018W.P.(CRL)/2685/2018

Case brief

AI extract

What is this about?

In a petition under Article 226 seeking directions to produce a 19-year-old missing daughter, the Court interacted with the girl in chamber. Finding she wished to reside with Moin Khan against her father's wishes, it held no detention occurred and disposed of the petition.

What did the court decide?

Petition disposed stating no directions in nature of habeas corpus were called for as the girl wished to stay with Moin Khan.

Sh. Suresh Vs Govt. of NCT of Delhi & Ors. — Child Custody and Guardianship | Delhi HC (2018)

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2685/2018

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SURESH ..... Petitioner

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Through: Mr. Akhil Sharma & Ms. Isha Aggarwal, Advocates

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versus

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GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. K.S. Ahuja, APP with Insp. Shri Krishan, ATO & ASI Baljit Singh, PS Aman Vihar

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CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL

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O R D E R % 10.09.2018

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CRL.M.A. 31651/2018 (Exemption)

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Exemption allowed, subject to all just exceptions.

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W.P.(CRL) 2685/2018

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The Petitioner has approached this Court with this petition seeking issuance of directions to the Respondent to produce his daughter Meena who is aged 19 years. According to him, she has been missing since 11^th August 2018. On the next day, i.e. on 12^th August 2018, he lodged a missing person report at Police Station (PS) PS Aman Vihar.

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On receipt of an advance copy of the petition, Inspector Harendra Singh, SHO of PS Aman Vihar, has filed a status report dated 8^th September 2018. It is stated therein that the Petitioner visited PP Prem Nagar on 22^nd August 2018 stating that he learnt that one Moin Khan, his sister, and his brother-in-law along with one Vinod had forcibly abducted his daughter.

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W.P.(CRL) 2685/2018 Page 1 of 3

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Accordingly, FIR No.820/2018 was registered for the offence under Section 365 IPC. The status report set out the steps taken by the police since then to trace the Petitioner’s daughter.

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It is stated that on 6^th September 2018, contact was established with Meena via mobile phone and she informed the police that she would be coming to Delhi. On 8^th September 2018, a team was sent to Village Saroli Kalan, PS Ram Nagar, District Barabanki, Uttar Pradesh, which is the native village of Moin Khan.

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Today, both Meena and Moin Khan have appeared before the Court. Even though the Petitioner claims that when he spoke to her on the mobile phone a few days ago whenMeena expressed a desire to return to the Petitioner, in Court, she has stated that she wishes to remain with Moin Khan. At this stage, we saw it fit to interact with Meena in the chamber and having done so, it emerged that she wishes to stay only with Moin Khan who she knew from before in Delhi. Both of them are now residing with Moin Khan’s parents in his village in District Barabanki and she states that they are looking after her well.

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Although she and Moin Khan are not yet married, Mena states that this is because some time is being taken for the preparation of an Aadhaar Card for Moin Khan. She is clear, however, that she wishes to reside with him only.

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Admittedly, Meena is 19 years old and as an adult, she has made a choice of whom she wants to reside with. It is not possible, in the circumstances, for the Court to conclude that she is being detained by Moin Khan against

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W.P.(CRL) 2685/2018 Page 2 of 3

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her wishes in his native village. The question of any directions in this petition in the nature of habeas corpus , therefore, does not arise.

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Subject to Meena being willing, if the Petitioner wishes to meet her at any point in time, he may approach the SHO for help in this regard.

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The petition is disposed of in the above terms.

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S. MURALIDHAR, J.

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VINOD GOEL, J.

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SEPTEMBER 10, 2018

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W.P.(CRL) 2685/2018 Page 3 of 3

Sh. Suresh v. Govt. of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Sh. Suresh v. Govt. of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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