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/ / $-34 HIGH COURT OF DELHI
W.P.(CRL)1967/2015
MANOJ KUMAR Petitioner
Through Mr.M.K.Singh,Advocate.
/ / $-34 HIGH COURT OF DELHI
W.P.(CRL)1967/2015
MANOJ KUMAR Petitioner
Through Mr.M.K.Singh,Advocate.
VERSUS
THE STATE GOVT OF NOT OF DELHI& ORS Respondents
Through Mr.Rahul Mehra,Standing Counsel with Mr.Mayank Mikhail Mukherjee,Advocate.
Through Mr.Rahul Mehra,Standing Counsel with Mr.Mayank Mikhail Mukherjee,Advocate.
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
HON'BLE MS.JUSTICE SANGITA DHINGRA SEHGAL
21.09.2015 Present petition has been filed under Article 226 ofthe Constitution ofIndia read with Section 482 Cr.P.C. for issuance ofa writ ofhabeas corpus to produce the son of the petitioner. As per the petition, the petitioner being father of Master
Saksham,was forced to invoke extraordinaryjurisdiction ofthis Court as his son had been illegally confined by respondents no.3 and 4, mother and maternal grand-father on account ofmarital discord between the petitioner and his wife. The petitioner has submitted that after leaving the matrimonial home,the respondent no.3,mother is not looking after the child, she is not sending him to school. He is unwell and is in a miserable state.
Notice was issued in the matter. We had directed the mother and child to remain present in the Court. The respondent, wife has submitted that she has left the matrimonial home on account of ill-treatment being extended to her. She further submits that she does not wish tojoin the company ofher husband.
2015:DHC:11071-DB 6:> We have taken up the matter in the Chamber and found the child to be happy and cheerful in the company ofhis mother. The child also informed the Courtthat he was going to school. At this stage,the petitioner agrees to pay a sum ofRs.l0,000/- for the maintenance ofthe child, without prejudice to his rights and contentions. The petitioner has also metthe child in the Court premises.
The petition is dismissed as not pressed, with liberty to the petitioner to approach the Courtto seek remedy as available in accordance with law.
^S. G.S.SISTANI,J SEPTEMBER 21,2015 pst
HON'BLE MS.JUSTICE SANGITA DHINGRA SEHGAL
21.09.2015 Present petition has been filed under Article 226 ofthe Constitution ofIndia read with Section 482 Cr.P.C. for issuance ofa writ ofhabeas corpus to produce the son of the petitioner. As per the petition, the petitioner being father of Master
Saksham,was forced to invoke extraordinaryjurisdiction ofthis Court as his son had been illegally confined by respondents no.3 and 4, mother and maternal grand-father on account ofmarital discord between the petitioner and his wife. The petitioner has submitted that after leaving the matrimonial home,the respondent no.3,mother is not looking after the child, she is not sending him to school. He is unwell and is in a miserable state.
Notice was issued in the matter. We had directed the mother and child to remain present in the Court. The respondent, wife has submitted that she has left the matrimonial home on account of ill-treatment being extended to her. She further submits that she does not wish tojoin the company ofher husband.
2015:DHC:11071-DB 6:> We have taken up the matter in the Chamber and found the child to be happy and cheerful in the company ofhis mother. The child also informed the Courtthat he was going to school. At this stage,the petitioner agrees to pay a sum ofRs.l0,000/- for the maintenance ofthe child, without prejudice to his rights and contentions. The petitioner has also metthe child in the Court premises.
The petition is dismissed as not pressed, with liberty to the petitioner to approach the Courtto seek remedy as available in accordance with law.
^S. G.S.SISTANI,J SEPTEMBER 21,2015 pst
W.P.(CRL)1967/2015
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JUDGMENT