The petitioner sought direction for production of his wife. The woman, who had divorced the petitioner and remarried, appeared in court, confirmed she was an adult, voluntarily remarried, and wished to stay with her new husband. The Court disposed of the petition.
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versus
THE STATE & ANR. ..... Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Agarwal, Mr. Abhinav Kumar Arya and Mr.Shivash Kaushik, Advocates with SI Lokender Singh, PS S.B. Dairy.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
prayer:-
“(a) To direct the S.H.O. of P.S. Shahabad Dairy to produce the Corpus i.e. wife of the Petitioner;
(b) To direct the S.H.O. of P.S. Shahabad Dairy through D.C.P. of Outer-North to act promptly on the Complaint of the Petitioner i.e. Dy. No.1463 dated 28/02/2024.”
W.P.(CRL) 786/2024
Page 1 of 2
Signature Not Verified
Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 7.03.2024 18:52:28
Ms. Savina Khatun aged 24 years, D/o Md. Kamin had been traced out and her statement has been recorded in which she had stated that a few months back, she took divorce from her previous husband Md. Naushad (petitioner herein) with mutual consent on 16.12.2023 and also produced the divorce papers. She further claimed that she has now got married to one Md. Irshad as per prevalent rituals on 28.01.2024 and her such second marriage has been solemnized with her consent and without any pressure and fear.
(SURESH KUMAR KAIT) JUDGE
(MANOJ JAIN)
JUDGE MARCH 07, 2024/st
Page 2 of 2
W.P.(CRL) 786/2024
Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 7.03.2024 18:52:28
1 issue framed by the court
Whether the adult wife wishes to stay with her second husband by her own free will.
MD Naushad
The State & Anr.
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
