Petitioner filed a Habeas Corpus petition seeking direction to locate his missing wife. Court noted wife is present, adult, capable of independent decision, and voluntarily separated. Petition dismissed without orders.
No further order in the writ petition; petitioner free to seek other remedies.
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Through: Mr. Ajay Biltoria with Mr. Manoj Kumar, Advocates.
versus
THE STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Agarwal. Mr. Abhinav Kumar Arya and Mr. Shivesh Kaushik, Advocates with SI Deepak with ASI Anita.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
CRL.M.A. 12111/2024(exemption)
Exemption allowed, subject to all just exceptions.
W.P.(CRL) 1243/2024
prayer:-
“Under this circumstances, it is therefore prayed to this Hon'ble court may graciously be pleased to pass necessary direction/ order in the nature of Habeas Corpus to give the appropriate direction to respondent no.2 to find out the missing wife namely Nitu Devi of the petitioner in the interest of justice.
Signature Not Verified
W.P.(CRL) 1243/2024
1
Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 1.05.2024 17:19:04
she got married to petitioner she was minor at that time and after attaining majority, she has remarried to Deepak who is also present in Court. She further submits that she had left the petitioner voluntarily as she was not being treated well by him.
SURESH KUMAR KAIT, J
MANOJ JAIN, J
MAY 10, 2024/ sw
Signature Not Verified
W.P.(CRL) 1243/2024
2
Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 1.05.2024 17:19:04
1 issue framed by the court
Whether a direction under Habeas Corpus to locate an adult wife who voluntarily left her husband is necessary in the instant case.
PAWAN KUMAR
THE STATE OF NCT OF DELHI
SURESH KUMAR KAIT
MANOJ JAIN
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
