Kapil v. State & Ors.
Case brief
What is this about?
The High Court dismissed a habeas corpus petition filed by a husband seeking his wife's production. The wife, appearing in court, stated she did not wish to join him and alleged fraudulent marriage, leading the court to dispose of the matter without further orders.
What did the court decide?
Petition for habeas corpus dismissed; parties directed to seek legal recourse.
What the court decided
$~8.
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(CRL) 90/2019 KAPIL ..... Petitioner Through: Mr. Anubhav Mehrotra and Mr. Vishrut Raj, Advocates versus THE STATE AND ORS ..... Respondents Through: Mr.Chaitanya Gosain, Advocate for Mr. Rahul Mehra, Standing Counsel (Crl.), GNCTD with SI Sandeep Mathur, PS: Mangol Puri. Mr. Shyam Lal Sharma, Advocate for R-3 with R- 3 and his daughter, Surabhi in person.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 14.01.2019
- The present petition has been filed by the petitioner praying inter alia that his wife, Surabhi, daughter of the respondent No.3, a resident of Jhajjar, Haryana be produced in Court.
- It has been averred in the petition that the petitioner and Surabhi had developed a friendly relationship and were known to each other since the year 2012. On 01.01.2019, Surabhi had got married to the petitioner at the Arya Samaj Mandir, Naharpur, Sector-7, Rohini, Delhi. A copy of their marriage certificate and photographs of the marriage have been enclosed with the paper book. It is the petitioner’s claim that after the marriage, when the family members of Surabhi were informed, they asked him to send her back to their house with her sister and brother, namely, Monika and Neeraj for completing some rituals, which he did. Thereafter, the petitioner kept W.P.(CRL) 90/2019 Page 1 of 2
making efforts to try and meet Surabhi but was strongly resisted by her parents. As a result, he was compelled to lodge a complaint with Police Station: Mangol Puri on 05.01.2019 about his missing wife but on not getting any satisfactory information from the police, he has filed the present petition.
Issues for consideration
2 issues framed by the court
Whether a writ of habeas corpus should be issued to compel the production of a married woman who expressed she does not wish to join her husband.
Whether the decision of the woman, aged 25 years, appearing in court stating she has no desire to join the petitioner should lead to dismissal of the petition.
Parties & counsel
- petitioner
Kapil
- respondent
The State and Ors
- other
Surabhi
- other
Respondent No. 3
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court