Dismissed

Smt Lovepreet Kaur v. State of NCT of Delhi & Ors.

Delhi HC4 Oct 2024W.P.(CRL)/3092/2024

Case brief

AI extract

What is this about?

The Delhi High Court dismissed a habeas corpus petition seeking the production of the petitioner's husband. The Court held it could not entertain the petition because there was no allegation that the husband was currently in India or within the Court's territorial jurisdiction.

What did the court decide?

Waiver of the writ petition; no orders for production of the husband unless jurisdiction is established.

Smt Lovepreet Kaur Vs State of NCT of… — Constitutional and Fundamental Rights | Delhi HC (2024)

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$~17

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 3092/2024 & CRL.M.A. 29923/2024

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SMT LOVEPREET KAUR ....Petitioner Through: Mr. R. Luthra, Adv.

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versus

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STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Aggarwal, Adv. for State.

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

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O R D E R % 04.10.2024

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This hearing has been done through hybrid mode.

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This is a petition filed by the Petitioner under Article 226 of the Constitution of India read with Section 528 of BNSS seeking issuance of writ in the nature of habeas corpus for production of her husband.

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It is the case of the Petitioner that she is the wife of Shri Sawatantabir Singh, who is the son of Respondent No. 4, and that their marriage was solemnized on 25th January, 2020. It is stated that her husband was last in touch with the Petitioner on 3rd March, 2020 before he left for New Zealand. On 2nd August, 2020, the Petitioner is stated to have left her matrimonial home and thereafter, on 27th August, 2021 she filed the petition under Section 125 of the CrPC seeking maintenance before the Saket District Court, Delhi.

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It is stated that the husband of the Petitioner has not been in touch with her at all since 2nd August, 2020, and thus the prayer is for his production through his father, who is Respondent No. 4.

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This is a digitally signed order.

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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 09/10/2024 at 14:50:28

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In the opinion of this Court, the Respondent No. 4’s son who is stated to be married to the Petitioner left for New Zealand way back in 2020 and there is no allegation by the Petitioner that Mr. Sawatantabir Singh is currently in India or in the territorial jurisdiction of this Court.

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Under such circumstances the present writ petition cannot be entertained.

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The present writ petition is dismissed.

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Pending application(s), if any, also stands disposed of.

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PRATHIBA M. SINGH, J

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AMIT SHARMA, J

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OCTOBER 04, 2024/ kr/ms/ Pc

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This is a digitally signed order.

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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 09/10/2024 at 14:50:28

Smt Lovepreet Kaur v. State of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Smt Lovepreet Kaur v. State of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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