The Court held that the adult daughter, Kajal, is entitled to decide her residence and cannot be forced to return to the petitioner. She is directed to return to her matrimonial home in UP.
Kajal to be escorted to her matrimonial home at Shajahanpur, U.P. Petitioner cautioned against threats or harm.
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$~1.
..... Petitioner
Through: Mr. Jagdish Chander, Advocate
versus
STATE (NCT OF DELHI) & ORS
..... Respondent Through: Mr. Rahul Mehra, Standing Counsel, GNCTD with Mr. Tushar Sannu, Mr. Chaitanya Gosain and Mr. Prashant Singh, Advocates with Insp. Manoj Kumar, W/ASI Vimla, AHTU Crime
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI
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O R D E R 15.02.2018
Kajal, the daughter of the petitioner has been produced. We have interacted with her separately, as well as with her parents in chamber. Kajal states that she had left her parental home out of her own free will and accord and she got married to respondent no.4, whereafter she was living with respondent no.4 in her matrimonial home. She states that she does not wish to return with the petitioner, and that she would continue to live in her matrimonial home.
Even according to the petitioner, Kajal is a major. The status report also states that the date of birth of Kajal has been found to be 23.01.2000. The status report encloses the statement of Kajal recorded under Section 164 Cr PC.
In view of the aforesaid, Kajal is entitled to decide as to where she wishes to reside and she cannot be compelled to return to the petitioner. Accordingly, we direct that Kajal be escorted till the borders of NCT of Delhi from the Court to return to her matrimonial home at Shajahanpur, U.P., where she will remain.
We have cautioned the petitioner not to take law into his own hands or issue any threats to or cause any harm to Kajal, her husband or any other family members.
The petition stands disposed of in the aforesaid terms.
VIPIN SANGHI, J
P.S.TEJI, J
FEBRUARY 15, 2018 sr
1 issue framed by the court
Whether an adult daughter can be compelled to return to her father's custody against her will after marriage.
SHYAM SINGH
STATE (NCT OF DELHI) & ORS
VIPIN SANGHI
P.S.TEJI
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
