Pawan Kumar v. The State of NCT of Delhi & Anr.

Delhi High Court · 10 May 2024 · 2024:DHC:3851-DB
Suresh Kumar Kait; Manoj Jain
W.P.(CRL) 1243/2024
2024:DHC:3851-DB
family petition_dismissed

AI Summary

The court dismissed the Habeas Corpus petition seeking production of the petitioner’s wife, holding that an adult woman has the right to decide her residence and cannot be compelled to live with her husband against her will.

Full Text
Translation output
W.P.(CRL) 1243/2024 1
HIGH COURT OF DELHI
Date of Decision: 10th May, 2024
W.P.(CRL) 1243/2024
PAWAN KUMAR ..... Petitioner
Through: Mr. Ajay Biltoria
WITH
Mr. Manoj Kumar, Advocates.
VERSUS
THE STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Sanjay Lao, Standing Counsel (Crl.)
WITH
Ms. Priyam Agarwal.
Mr. Abhinav Kumar Arya and Mr. Shivesh Kaushik, Advocates
WITH
SI Deepak
WITH
ASI Anita.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)
CRL.M.A. 12111/2024(exemption)
Exemption allowed, subject to all just exceptions.
W.P.(CRL) 1243/2024

1. Present petition has been filed by the petitioner seeking following prayer:- “Under this circumstances, it is therefore prayed to this Hon'ble court may graciously be pleased to pass necessary direction/ order in the nature of Habeas Corpus to give the appropriate direction to respondent no.2 to find out the missing wife namely Nitu Devi of the petitioner in the interest of justice.

2. The wife of the petitioner is present in Court and she states that when W.P.(CRL) 1243/2024 2 she got married to petitioner she was minor at that time and after attaining majority, she has remarried to Deepak who is also present in Court. She further submits that she had left the petitioner voluntarily as she was not being treated well by him.

3. Since she is adult and has every right to take decision of her own, she is at liberty to go wherever she wants.

4. In view of the above, no further order is required to be passed in the present petition.

5. The petition is accordingly, disposed of. Petitioner is always at liberty to seek other available legal remedies.

SURESH KUMAR KAIT, J MANOJ JAIN, J MAY 10, 2024