Disposed

Roshan Begum v. State N.C.T of Delhi

Delhi HC7 Oct 2024W.P.(CRL)/1700/2024

Case brief

AI extract

What is this about?

In a Habeas Corpus petition regarding a missing specially abled girl, the Court directed her return with her husband to the marital home. It ordered the husband to treat her well, excluded certain family members, and mandated police checks and hospital assistance.

What did the court decide?

Directed the missing girl to accompany her husband to the matrimonial home; excluded husband's younger brother; directed police checks; allowed petitioner visits.

Roshan Begum Vs State N.C.T of Delhi — Child Custody and Guardianship | Delhi HC (2024)

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$~43

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1700/2024

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ROSHAN BEGUM .....Petitioner Through: Ms. Manika Tripathy & Mr.Vansh Kalra, Advs. with Petitioner in person. versus STATE N.C.T OF DELHI .....Respondent Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Aggarwal & Mr. Abhinav Kr. Arya, Advs. for State. SI Pinki Rani, AHTU, Crime Branch alongwith girl in person. Husband and son of the girl in person.

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

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O R D E R % 07.10.2024

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This hearing has been done through hybrid mode.

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This is a Habeas Corpus petition filed by the Petitioner-mother seeking production of her missing daughter-Ms. ‘S’. Vide order dated 17th September, 2024, the Court transferred the present matter to Anti-Human Trafficking Unit (AHTU) Crime Branch.

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The missing daughter was produced in the Court on the last occasion i.e., 25th September, 2024. The Court had interacted with the Petitionermother and the daughter in chamber and it was directed that the daughter be sent back to Apna Ghar Shelter Home as her mother-Petitioner had stated that she is not financially capable of providing treatment for her. The Court had also directed the girl as also her husband to be present in Court.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:29:18

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In pursuance of the direction issued in the previous order dated 25th September, 2024, the husband of the Petitioner’s daughter has appeared today along with his son.

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This Court has interacted with the Petitioner, her daughter, husband of Petitioner’s daughter and their son. They also have a 3 year old daughter who has not come today. This Court has also seen the happiness with which the Petitioner’s daughter greeted her son who is studying in 3^rd Standard in a convent school. The son was also extremely happy to meet his mother and stated that he would not leave his mother alone henceforth.

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In the Chamber interaction, Petitioner’s daughter was clearly provided the choice, considering she is specially abled, whether she would like to accompany her husband or mother. She has clearly chosen to go with her husband.

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Husband of the Petitioner’s daughter is willing to take his wife home despite her physical and mental condition wherein she requires continuous support and treatment. He assures the Court that though earlier he was getting her treatment from Safdarjung Hospital, he would now take her to IHBAS or any other good hospital.

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The Petitioner, however, has expressed apprehensions of her daughter’s well-being at her matrimonial home. The husband-Parvez Alam undertake that he shall not in any manner misbehave with his wife or show any abusive behaviour but even the Petitioner’s other daughters should not interfere in their life.

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The husband has also assured that his younger brother would not stay with him where his wife would be living with their children.

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In view of the above facts noted during interaction, it is directed that

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the Petitioner’s daughter shall accompany her husband and stay in her matrimonial home with her children. The younger brother of the husband shall not live in the same house. The remaining members of the family of the husband are free to stay or to visit them at the matrimonial home. The Petitioner is also free to visit the matrimonial home of her daughter, however, she also assures this Court that she would not, in any manner, cause any breach of peace and tranquillity at their matrimonial home. She has further undertaken not to exhibit any abusive behaviour towards her son-in-law.

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The IO shall request the concerned SHO of P.S. Ranhola to send a lady constable every 3-4 days to check up the well-being of the Petitioner’s daughter, at least for a period of six months. If any help is needed for her treatment at IHBAS, they are free to approach the IO or the authorities at IHBAS with this order. The administration at IHBAS shall provide the best treatment possible to her.

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The husband has assured that he would take care of his wife who is the daughter of the Petitioner.

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The petition is disposed of accordingly along with all the pending applications, if any. 14. In this matter, the girl has been traced with enormous difficulty by AHTU, Crime Branch, especially, SI Pinki Rani, whose effort is commended by this Court.

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PRATHIBA M. SINGH, J

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AMIT SHARMA, J

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OCTOBER 07, 2024 nk/ks

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Roshan Begum v. State N.C.T of Delhi

Case brief

What is this about?

What did the court decide?

Roshan Begum v. State N.C.T of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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