Habeas Corpus petition filed by a nephew seeking custody of his minor sister, victim of sexual assault by her step-father. Court directed applicant to approach CWC for custody, noting child's welfare as paramount.
Liberty granted to petitioner to move an application before CWC-II seeking custody of the victim minor.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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AYAN ANSARI ..... Petitioner Through: Mr. Himanshu Sharma and Mr. Sumit Kumar, Advocates
versus
STATE (GNCT OF DELHI) AND ANR .... Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Priyam Agarwal, Mr. Abhinav Krumar Arya, Mr. Shivesh Kaushik, Advocates WSI Rajbir and Insp. Manjeet Kr. In person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
Crl.M.A.4952/2024 (exemption)
W.P.(Crl) 542/2024
W.P.(Crl) 542/2024 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Da te:2 3.02.2024 11:05
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Miss ‘A’ and to handover her custody to the petitioner.
W.P.(Crl) 542/2024
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Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Da te:2 3.02.2024 11:05
over to him. The petitioner has undertaken that he is capable of maintaining his sister and to fulfill her educational and other requirements, and if her custody is handed over to him, he will take care of any exposure to her step-father.
W.P.(Crl) 542/2024 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Da te:2 3.02.2024 11:05
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accordance with law.
(SURESH KUMAR KAIT) JUDGE
(MANOJ JAIN)
JUDGE
FEBRUARY 22, 2024/rk
W.P.(Crl) 542/2024 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Da te:2 3.02.2024 11:05
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2 issues framed by the court
Whether this Court can entertain a Habeas Corpus petition for custody of a minor child in case of sexual assault against her mother's lover boy.
Whether the petition can be disposed of based on the welfare of the child and the child's willingness to stay with the real brother in view of the allegations lodged against the stepfather.
Colour shows how this judgement treated each authority
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4 provisions across 4 enactments
AYAN ANSARI
STATE (GNCT OF DELHI)
SURESH KUMAR KAIT
MANOJ JAIN
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
