Petitioner sought issuance of habeas corpus for custody of minor son kept by wife's sister-in-law. Court held custody with aunt was lawful, noting petitioner did not seek custody for over six years. Petition dismissed.
Petition for habeas corpus dismissed; liberty reserved to contest pending guardianship petition.
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SUNIL KUMAR VOHRA ..... Petitioner Through: Mr. L K Passi with Dr. K C Rakesh, Mr. Madan Lal Kalkal, Advocates.
versus
STATE GOVT OF NCT OF DELHI AND OTHERS ..... Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Agarwal, Mr. Abhinav Kumar Arya, Mr. Shivesh Kaushik, Advocates, SI Anil Dahiya.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
“a) direct the Respondents No.2 and 3 to immediately release the custody of the minor child to the Petitioner/father from their illegal detention in the interest of justice;”
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W.P.(CRL) 1385/2024 Signature Not Verified
Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 4.05.2024 13:03:18
Rohini. Out of the said wedlock, a male child was born on 11.09.2016. Thereafter, they lived together upto 20.10.2017. However, during this period, the relationship between them remained estranged due to temperamental differences and for that reason, the wife of the petitioner left her matrimonial house on 20.10.2017 alongwith their minor son.
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W.P.(CRL) 1385/2024 Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 4.05.2024 13:03:18
(SURESH KUMAR KAIT)
JUDGE
(MANOJ JAIN) JUDGE MAY 03, 2024/ sw
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W.P.(CRL) 1385/2024 Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 4.05.2024 13:03:18
2 issues framed by the court
Whether the custody of a minor child with his maternal aunt is illegal warranting a writ of habeas corpus.
Whether a matrimonial dispute involving custody requires judicial intervention when a guardianship petition is already pending.
SUNIL KUMAR VOHRA
STATE GOVT 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
