Davender Gupta v. State & Ors.

Delhi High Court · 12 Aug 2011 · 2011:DHC:18875-DB
Badar Durrez Ahmed; Veena Birbal
W.P.(Crl) 794/2011
2011:DHC:18875-DB
family other

AI Summary

The High Court held that an adult woman's choice of residence must be respected as her free will, disposing of the writ petition accordingly.

Full Text
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s-s
* IN THE HIGII COTIRT OF DELHI AT NEW DELHI
+ w.P.(cRL) 794/20rr
DAVENDER GUPTA ..... Petitioner
Through : Mr Harish Kumar
VCTSUS
STATE & ORS .... ResPondent
Through : Mr Pawan Sharma for R 1-3.
IION'BLE MR JUSTICE BADAR DI]RREZ AHMEI)
HON'BLE MS JUSTICE VEENA BIRBAL
Vo 14.07.2011
Laxmi, who is the daughter of respondent No.4, is present in Court.
She is admittedly about 25 years of age. She has stated that she is residing with her parents and that she is doing so'out of her own free will. She has also indicated to us that she wants to continue to reside with her parents.
In these circumstances, no fuither directions are necessary in the present writ petition. The same stands disposed of.
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2011:DHC:18875-DB.'.1
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* IN THE HIGH COURT OF
+ w.P.(cRL) 794/2011
DAVENDER GUPTA
Through
DELHI AT NEW DELHI..... Petitioner
: Mr llarish Kumar f
STATE & ORS. ..... Respondents
Through : Mr Pawan Sharma for R-1 to 3.
SI Uma Datt, P.S. Mangol Puri.
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
TION'BLE MS. JUSTICE VEENA BIRBAL
12.08.2011
Crl.M.A. No. 9488/2011
This is an application in a disposed of writ petition. On
14.07.2011, we had disposed of the writ petition before ascertaining the wishes of the petitioner's wife Laxmi as to where she wanted to reside.
At that point of time, she had indicated to us that she wanted to reside with her parents and it is in those circumstances that we had disposed of the writ petition. Today, the present application is before us wherein a prayer has been made to record the statement of Laxmi to indicate that on
18.07.20L1, she, of her own, had joined the company of the petitioner and is living with him since then. Laxmi is present in coutt and now states o s w.P.(cRL) 794/20rr Page I of2
2011:DHC:18875-DB r
) that she wishes to reside with her husband (i.e. petitioner herein) and that she had joined his company on 18.07.2011 out of her own free will without any pressure or coercion from any quarters.
The application stands disposed of.
AUGUST l2,20ll kks
VEENA BIRBAL, J fi
7-ata27w- .
DAR DURREZ AHMED, J w.P.(cRL) 794/2011 Page2 ofZ
2011:DHC:18875-DB
JUDGMENT