Husband sought habeas corpus for his missing wife, alleging she was with criminal elements and police involvement. She had earlier told a Magistrate she left home voluntarily. The Court held habeas corpus was not maintainable and disposed of the petition.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:-9th September, 2024.
BHARAT KUMAR .....Petitioner Through: Mr. Sanjay Kumar, Adv. with Petitioner in person.
versus
THE STATE NCT OF DELHI AND ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Aggarwal & Mr. Abhinav Kr. Arya, Advs. for State.
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA
Prathiba M. Singh, J. (ORAL)
Signature Not Verified
Digitally Signed By:DEVANSHU JOSHI W.P.(CRL) 2761/2024 Signing Da te:1 0.09.2024 15:12
Page 1 of 3
“ I have left my matrimonial home of my own accord and free will due to the discord with my husband. I had written a letter and left it at the home and had gone on my own. At present, I am living at the aforesaid address and do not wish to live with my husband Bharat. Kindly allow me to live where I wish. I do not wish to accompany my husband. I state this without any fear, force or coercion. ”
“ Report received from DCP concerned produced as per which, on the basis of CDR analysis, missing person Smt. Maya Devi was traced from a P.G. situated in Matiyala.
Separate statement of Smt. Maya Devi is recorded wherein she submitted that she has left her matrimonial home of her own accord and free will due to the discord with her husband. She had written a letter and left it at the home and had gone on her own. At present, she is living at Matiyala and does not wish to live with her husband Bharat .
Heard. Perused.
Considering the submissions made, it appears that the missing person Smt. Maya Devi has left her matrimonial home of her own will and cannot be compelled to accompany her husband as she is a major as per law .
Accordingly, there is no merit in the present complaint. Application u/s 156(3) Cr.P.C. is dismissed as well as the complaint u/s 200 Cr.P.C. is dismissed and disposed off.
Smt. Maya Devi is free to live wherever she wishes.
File be consigned to Record Room. ”
Signature Not Verified
Digitally Signed By:DEVANSHU JOSHI W.P.(CRL) 2761/2024 Signing Da te:1 0.09.2024 15:12
Page 2 of 3
PRATHIBA M. SINGH JUDGE
AMIT SHARMA
JUDGE
SEPTEMBER 9, 2024 nk/pr/bh
Signature Not Verified
Digitally Signed By:DEVANSHU JOSHI Signing Da te:1 0.09.2024 15:12
W.P.(CRL) 2761/2024
Page 3 of 3
1 issue framed by the court
Is a habeas corpus writ maintainable when the allegedly missing wife, a major, has stated before a Magistrate that she left her matrimonial home of her own free will?
3 provisions across 3 enactments
Bharat Kumar
The State NCT of Delhi
HC Amit Kumar
Respondent No. 4
Respondent No. 5
Prathiba M. Singh
Amit Sharma
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
