[W.P.(CRL)] Petitioner sought directions to produce missing wife and minor daughter. Court noted wife and child were traced by police in Aligarh with a third person, who had allegedly married them. No further judicial intervention required; petition to be disposed.
Directions to produce wife and daughter refused as their location was ascertained.
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LAKHAN LAL RAIKWAR ..... Petitioner Through: Mr. Ravi Aggarwal, Advocate with petitioner in person.
versus
STATE ..... Respondent Through: Mr. Chaitanya Gosain, proxy for Mr. Rahul Mehra, SC (Crl.) GNCTD.
CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R % 11.12.2018
Crl. M.A. No. 49321/2018 (Exemption)
Allowed, subject to all just exceptions.
W.P.(CRL) 3752/2018
with P.S. Tilak Nagar at 3.00PM. The petitioner has been repeatedly visiting P.S. Tilak Nagar but they have not been able to trace his wife and daughter. In the meantime, the petitioner has come to know from a source that his wife has left with her daughter to Haathras, U.P. and during the subsistence of the present marriage, she has allegedly got married to some third person. Hence, the present petition.
Page 2 of 3
W.P.(CRL) 3752/2018
HIMA KOHLI, J
MANOJ KUMAR OHRI, J
DECEMBER 11, 2018 ap/rkb
Page 3 of 3
W.P.(CRL) 3752/2018
3 issues framed by the court
Whether the present petition survives after the whereabouts of the missing wife and minor child are ascertained.
Whether the petitioner should seek separate legal recourse regarding the disappearance and alleged remarriage.
Whether the writ petition displacing custody needs to be disposed of once the location of the mother and child is known.
Lakhon Lal Raiqwar
State
Hima Kohli
Manoj Kumar Ohri
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
