Disposed

Geeta Nagar v. the State of NCT Delhi and Ors.

Delhi HC9 Feb 2024W.P.(CRL)/257/2024

Case brief

AI extract

What is this about?

Habeas corpus petition by a mother seeking production of her missing adult daughter, alleged illegally detained by her husband's family. The daughter appeared in court, confirmed her voluntary marriage and wish to stay with her husband. Court directed police protection and an escort to Noida, disposing of the petition.

What did the court decide?

Police protection to the couple against family threats and police escort up to Noida, Uttar Pradesh; petition disposed of.

Geeta Nagar Vs the State of NCT Delhi and Ors. — Child Custody and Guardianship | Delhi HC (2024)

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$~12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision: 09.02.2024

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- W.P.(CRL) 257/2024

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GEETA NAGAR ..... Petitioner

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Through: Ms. Amita Sachdeva, Advocate

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versus

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THE STATE OF NCT DELHI AND ORS. .... Respondents Through: Ms. Priyam Agarwal, Mr. Abhinav Arya and Mr. Ashish Kaushik, Advocates for Mr. Sanjay Lao, Standing Counsel (Crl.) with for State Insp. Ajay Katewa and SI Akash, PS Okhla Industrial Area

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CORAM:

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HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN

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J U D G M E N T (oral)

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The present petition has been preferred under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking issuances of writ, order or directions in the nature of Habeas Corpus to the respondents to produce her daughter and directions to the respondent Nos.1 & 2 to take action against respondent Nos.3 to 7.

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The brief facts of the case are the petitioner’s daughter Miss ‘A’ who has been undergoing psychiatric treatment for last one year went to Kalka Ji Mandir, Delhi on 16.01.2024 around 11-11:30 AM, but she did not return

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W.P.(Crl) 257/2024

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Page 1 of 3

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Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Da te:1 2.02.2024 17:13

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home. It is averred that the petitioner’s eldest daughter received a telephonic message from her missing daughter that she had married one Vipin and a marriage certificate thereof was also sent along showing that she got married on 05.09.2023. Thereafter, the petitioner and her family started searching for her missing daughter but despite their best efforts, they did not get any information about her whereabouts. On 19.01.2024, petitioner filed a complaint against said Mr. Vipin, his parents and relatives, however, her complaint was not registered by the police on the ground that the petitioner’s missing daughter was 25 years old and had gone with Vipin with her own free will. Thereafter, the petitioner apprehending illegal detention of her daughter by respondent Nos.3 to 7 registered a missing person report with the police. However, no action was taken on her complaint. Hence, the present petition is filed.

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Miss ‘A’, the missing daughter of petitioner is present in Court and she submits that she has married Vipin voluntarily and would like to stay with him only. She further submits that she has apprehension that her family members and family members of her husband may cause harm to them as they are not happy with their marriage. 4. Petitioner is present in Court and submits that she has no objection to the marriage of her daughter. However, she supplements that she and her family would not keep any relation with Miss ‘A’ and her husband and that would not even be allowed to visit their house. 5. Since the daughter of petitioner has already married respondent No.3 and wants to stay with him with her own free will, no further order is required to be passed. However, if the couple apprehends any danger or threat to their life, adequate protection be provided to them by the police.

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W.P.(Crl) 257/2024 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Da te:1 2.02.2024 17:13

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Page 2 of 3

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It is made clear that if any harm is caused to Miss ‘A’ and Mr. Vipin by their families, action shall be taken against them as per law.

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Miss ‘A’ has requested this Court to provide them escort upto Noida, Uttar Pradesh where they are staying. Accordingly, respondent-State is directed to provide necessary escort to Miss ‘A’ and Mr. Vipin Nagar upto Noida, Uttar Pradesh.

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With directions as aforesaid, the petition is disposed of.

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(SURESH KUMAR KAIT) JUDGE

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(MANOJ JAIN) JUDGE FEBRUARY 9, 2024/rk

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W.P.(Crl) 257/2024 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Da te:1 2.02.2024 17:13

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Page 3 of 3

Geeta Nagar v. the State of NCT Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Geeta Nagar v. the State of NCT Delhi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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