Pramod v. State of NCT of Delhi

Delhi High Court · 15 Apr 2024 · 2024:DHC:3044-DB
Suresh Kumar Kait; Manoj Jain
W.P.(CRL) 1163/2024
2024:DHC:3044-DB
constitutional petition_dismissed

AI Summary

The High Court dismissed the petitioner’s writ seeking production of his wife by Habeas Corpus as she is a major who voluntarily left the matrimonial home and does not wish to return.

Full Text
Translation output
W.P.(CRL) 1163/2024 1
HIGH COURT OF DELHI
Date of Decision: 15th April, 2024
W.P.(CRL) 1163/2024
PRAMOD ..... Petitioner
Through: Mr. Gaurav Sarkar
WITH
Mr. Devendra Pandey, Advocates.
VERSUS
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Sanjay Lao, Standing Counsel
WITH
Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Shivesh Kaushik, Advocates
WITH
Insp.
Sandeep, HC Vishnu.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Present petition has been filed by the petitioner seeking following prayer:- “Issue a writ of Habeas Corpus or any other writ/direction order directing the Respondent to trace and produce the victim, Mrs. Hemlata on an expedited basis; and”

2. Issue notice. Notice is accepted by learned Standing Counsel for the State who has also produced Status report dated 15.04.2024. The same is taken on record.

3. The wife of the petitioner, who appears through Video Conferencing, submits that petitioner has not been treating her well and, therefore, she has left her matrimonial house and now staying with her friend. She further submits that she would also file divorce petition against her husband. W.P.(CRL) 1163/2024 2

4. Since wife of the petitioner is admittedly, major and has stated before us that she does not want to stay with her husband anymore, no further order is required to be passed in the present petition. She is thus, at liberty, to stay wherever she wants.

5. Petition is accordingly disposed of. However, if so advised, parties are at liberty to approach Family Court for seeking appropriate relief in accordance with law.

(SURESH KUMAR KAIT) JUDGE (MANOJ JAIN)

JUDGE APRIL 15, 2024