Petitioner sought nullity of his adult son's marriage and custody return. Court termed the Writ Petition as abuse of process, noting the marriage was registered with consent via an NGO. Petitioner withdrew petition; it was dismissed as withdrawn without costs.
Writ petition dismissed as withdrawn along with pending applications, if any.
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Through: Mr Shubhashis Rasik Soren, Mr. Piyush M Dwedi, Mr. Rahul Kumar, Mr. Hari Pal Singh, Ms. Rashika Ved, Advs.
versus
GOVT. OF NCT DELHI AND ORS .....Respondents Through: Mr. Sanjay Lao (Standing Counsel (CRL)) with Mr. Abhinav Kumar Arya, Mr. Aryan Sachdeva Advocates SI Vikas Kasana PS Paharganj Ms. Babita Advocate
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
O R D E R
% 09.05.2025 CRL.M.A. 14524/2025 (Exemption)
Allowed, subject to all just exceptions.
W.P.(CRL) 1556/2025, CRL.M.A. 14525/2025
“a. Direct the respondent no. 1 and 2 to present the son of the Petitioner namely Mohit Kumar in this Hon'ble Court;
b. Direct the respondent no. 1 and 2 to take
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 02/07/2025 at 00:58:09
appropriate action against the Respondent no. 3 and 4 for crating forge documents and solemnized illegal marriage with forge documents;
c. Pass order for nullity of the marriage between son of the petitioner namely Mohit Kumar and Kajal Sagar (Respondent no. 3) in the interest of justice;
d. Pass such, further order(s) as this Hon'ble Court may deem fit and proper as per the facts and circumstances of this case.”
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 02/07/2025 at 00:58:09
SUBRAMONIUM PRASAD, J.
HARISH VAIDYANATHAN SHANKAR, J.
MAY 09, 2025 hsk
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 02/07/2025 at 00:58:09
2 issues framed by the court
Whether a writ petition challenging an unregistered marriage between consenting adults constitutes an abuse of court process.
Whether a habeas corpus petition is maintainable regarding the custody of an adult son in a marriage dispute.
Virender Kumar
Govt. of NCT Delhi
Subramonium Prasad
Harish Vaidyanathan Shankar
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
