A habeas corpus petition regarding the residence of a daughter and her minor children. The court allowed the daughter to reside with her father as her natural guardian after the father-in-law did not oppose the choice.
The petitioner is at liberty to reside with his daughter and minor children at his residence; no further directions.
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CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL O R D E R % 04.12.2018
In terms of the directions issued by this Court vide order dated 30th November, 2018, Ms. Madhu, the daughter of the petitioner, as well as, her minor children, namely, Miss. Heti Kumari and Master Kanishq, are present before this Court.
Mr. Shatrughan Prasad Suman, the father-in-law of Ms. Madhu, in whose care Miss Heti Kumari is currently residing, is also present in person before this Court.
W.P.(CRL) 3644/2018
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We have interacted with all of them in chambers.
Ms. Madhu has expressed her desire to reside with her father, Mr. Anil Kumar, at the latter’s residence at X/1938, Gali No. 9, Raj Garh Extension, Krishna Nagar, Delhi-110051, along with her minor children Miss Heti Kumari and Master Kanishq.
Mr. Shatrughan Prasad Suman, her father-in-law has welcomed this expression of choice expressed on behalf of Ms. Madhu and fairly does not oppose the same.
In view of the foregoing, Ms. Madhu is at liberty to reside at the petitioner’s aforestated residence, along with her minor children since she is their natural guardian.
No further directions are called for in the present habeas corpus petition and the same is accordingly disposed of.
SIDDHARTH MRIDUL, J
SANGITA DHINGRA SEHGAL, J
DECEMBER 04, 2018 RS
W.P.(CRL) 3644/2018
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1 issue framed by the court
Whether the petitioner is at liberty to reside with his daughter and minor children given the daughter's choice and the father-in-law's lack of opposition.
Anil Kumar
State (NCT of Delhi) & Ors.
Siddharth Mridul
Sangita Dhingra Sehgal
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
