The Court refused to grant habeas corpus for production of children as custody issues are sub judice, but granted liberty to approach the Ministry of External Affairs to verify the children's safety.
Writ petition dismissed; liberty granted to approach Ministry of External Affairs to arrange a call verifying the children's safety.
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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PARUL GAUR ..... Petitioner
Through: Mr. Vibhor Verdhan and Ms. Manisha Mehta, Advocates
versus
UNION OF INDIA & ORS. .... Respondents Through: Ms. Monika Arora, CGSC with Mr. Subhrodeep Saha, Mr. Kushal, Advocates for UOI SI Saurabh, PS Malviya Nagar 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.6934/2024 (exemption)
W.P.(CRL) 740/2024
W.P.(Crl) 740/2024
Page 1 of 3
Signature Not Verified
Digitally Signed By:ROHIT KUMAR Signing Da te:0 5.03.2024 11:55
W.P.(Crl) 740/2024 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Da te:0 5.03.2024 11:55
Page 2 of 3
(SURESH KUMAR KAIT)
(MANOJ JAIN)
JUDGE MARCH 4, 2024/rk
W.P.(Crl) 740/2024 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Da te:0 5.03.2024 11:55
Page 3 of 3
2 issues framed by the court
Whether the High Court can direct production of minor children in a habeas corpus petition when custody is already sub judice.
Whether relief is to be denied in matrimonial custody disputes pending adjudication in specialized courts.
2 provisions across 2 enactments
PARUL GAUR
UNION OF INDIA
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
