Husband filed habeas corpus writ seeking production of his wife held by her parents. After counselling, the wife confirmed her marriage and expressed willingness to accompany the petitioner. The court permitted her to go with him.
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W.P.(CRL) 3385/2024
SANDEEP .....Petitioner Through: Ms. Vandana and Ms. Snehlata Mishra, Advs. with Petitioner in person. (M: 8178081837)
versus
STATE NCT OF DELHI AND ORS .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Criminal) with Ms. Priyam Agarwal & Mr. Abinav Kumar Arya, Advs. with Insp. A.K. Jha and SI Mahender Patel PS Narela. Girl has been produced.
CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA
O R D E R
% 13.11.2024
Page 1 of 5
W.P.(CRL) 3385/2024
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 18/11/2024 at 12:28:49
the State, submitted that the wife of the Petitioner had been traced to Darbhanga, Bihar and she is with her parents. It was further submitted that she has already left for Delhi with her maternal uncle. Accordingly, on the said date, the Court directed the girl to be produced before the Court on 29th October, 2024.
Page 2 of 5
W.P.(CRL) 3385/2024
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 18/11/2024 at 12:28:49
was recorded as under:
“ 5. The parents and the girl were to be produced before the Court on the last date of hearing. With great difficulty, the Delhi Police has been able to contact them and today they have been produced before the Court.
6. The Court has interacted with the Petitioner, the girl and her parents. The girl is a major. She states that she was two months pregnant and aborted the child on her own accord and voluntarily. She is presently living with the parents, however, after interacting with them and considering the stance taken by the parents as also the Petitioner, the girl has expressed that she wishes to stay in a ladies/girl’s hostel where she would like to avail of some counselling services and then take a decision as to how she wishes to proceed. Accordingly, let the girl be accompanied by the Investigating Officer to her Bua’s house in Delhi where she would collect her belongings and be stationed at the following ladies/girl hostel:
Nari Niketan, Hari Nagar Delhi, Pin Code-110064
7. At the said ladies hostel she be provided the service of a family counsellor who can talk to her at least on a daily basis. She shall be produced again on the next date of hearing. The Petitioner and the girl’s parents shall also remain present on the next date of hearing. The In-Charge of the hostel shall ensure that if there are any visitors for the girl, the girl would be free to decide whomsoever she wishes to meet. No one else would be permitted to meet her against her wishes. ”
Page 3 of 5
W.P.(CRL) 3385/2024
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 18/11/2024 at 12:28:49
Page 4 of 5
W.P.(CRL) 3385/2024
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 18/11/2024 at 12:28:49
the Petitioner from the Court itself.
PRATHIBA M. SINGH, J.
AMIT SHARMA, J.
NOVEMBER 13, 2024 /dk/rks/sc
Page 5 of 5
W.P.(CRL) 3385/2024
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 18/11/2024 at 12:28:49
1 issue framed by the court
Whether the habeas corpus petition for production of the petitioner's wife, a major, should be granted and where she may reside of her free will.
2 provisions across 2 enactments
Sandeep
State NCT of Delhi
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
