Petitioner sought habeas corpus for his minor son allegedly illegally held by ex-wife. Court noted she and child were residing in Dubai. Petition dismissed as parties beyond jurisdiction.
Petition dismissed due to lack of territorial jurisdiction as parties are abroad.
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SHAH FAISAL KHAN ..... Petitioner Through: Mr. Nazim Ahmed & Mr. Rashid Azam, Advocates.
versus
THE STATE & ORS ..... Respondents Through: Mr. Rajat Kayal, APP for Mr. Rahul Mehra, Standing Counsel, along with Inspector Vinod Kumar & SI Pritam Singh, PS – Darya Ganj, for the State.
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI
O R D E R % 06.04.2018
Crl. M.A. No. 6033/2018
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(CRL) 973/2018
Issue notice. Mr. Katyal accepts notice on behalf of Mr. Mehra, learned Standing Counsel.
The petitioner has preferred the present writ petition to seek a writ of Habeas Corpus for rescuing his minor son claimed to have been illegally grabbed by respondent No.4, i.e. his ex-wife.
The petitioner and respondent No.4 were married on 30.04.2010. Out of the wedlock, they had a son Master Azhaan Khan on 17.02.2011. On 01.07.2012, the petitioner divorced respondent No.4, whereafter she got married to one Mussavir Mustafa on 27.04.2016.
Mr. Katyal has tendered in Court a status report signed by the SHO, PS - Darya Ganj, Delhi, which shows that respondent No.4 is presently living with her husband at Dubai along with the minor child Master Azhaan Khan.
Since neither respondent No.4 nor the minor child is within the jurisdiction of this Court, no orders can be passed in the present petition. The petition is, accordingly, dismissed.
VIPIN SANGHI, J
P.S.TEJI, J
APRIL 06, 2018 B.S. Rohella
2 issues framed by the court
Whether the Court can pass any orders in the writ petition since the respondent and minor child are outside its jurisdiction.
The scope of mandamentary writ of Habeas Corpus in a situation where the custodial party is residing abroad.
SHAH FAISAL KHAN
THE STATE & 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
