Disposed
Mohd Asif v. State (Govt of NCT of Delhi) & Ors.
Delhi HCW.P.(CRL)/928/2018
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MOHD ASIF ..... Petitioner Through: Mr. Vikram Dua, Advocate
versus
STATE (GOVT OF NCT OF DELHI) & ORS
..... Respondent Through: Mr. Rahul Mehra, Standing Counsel for GNCTD
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI
O R D E R % 03.04.2018
The petitioner has preferred the present writ petition to seek a writ of habeas corpus for production of Reema, whom he claims to have married after her conversion from Hinduism to Islam. The petitioner is presently in judicial custody in case FIR No.88/2018 registered under Section 363 IPC at PS Kirti Nagar on the complaint of respondent no.3, who is the father of Reema.
On advance notice, the State has filed its status report. Mr. Mehra has submitted that the date of birth of Reema has been found to be 17.01.2001 as per the date of birth register maintained in the school where Reema was studying. Reema has been produced in court and we have interacted with her in chamber. She confirms her date of birth as 17.01.2001.
We may observe that the petitioner has placed on record the Aadhar Card and PAN Card stated to have been got prepared in respect of Reema which records her date of birth as 17.01.1999. However, this document is of very recent origin and appears to have been got prepared at the instance of the petitioner. They are, therefore, doubtful and we cannot rely upon the same.
Reema has stated that she will stay with her parents till she attains majority and thereafter she shall decide the future course of her action.
We have interacted with respondent no.3, the father of Reema in chamber and we have counselled him not to coerce or pressurise Reema for any purpose, much less to get her married to any other person. He has assured the court that Reema shall not be coerced or pressurised in any such way.
Reema states that she has filled up her form for admission in Class-X. In case she wishes to pursue her studies, respondent no.3 shall permit the same and encourage her to study.
In view of the aforesaid, no further orders are called for in this petition.
The petition stands disposed of in the aforesaid terms.
VIPIN SANGHI, J
P.S.TEJI, J
APRIL 03, 2018 sr
MOHD ASIF
STATE (GOVT OF 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.
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