Sanjay Verma v. State Through SHO & Anr.

Delhi High Court · 09 Apr 2024 · 2024:DHC:2899-DB
Suresh Kumar Kait; Manoj Jain
W.P.(CRL) 1129/2024
2024:DHC:2899-DB
family petition_dismissed

AI Summary

The Court dismissed the writ petition seeking custody of a major wife who voluntarily chose to stay with her parents, holding that Habeas Corpus cannot be used to override her free will.

Full Text
Translation output
W.P.(CRL) 1129/2024 1
HIGH COURT OF DELHI
Date of Decision: 09th April, 2024
W.P.(CRL) 1129/2024 & CRL.M.A. 10878/2024
SANJAY VERMA ..... Petitioner
Through: Mr. Anup Kumar Das
WITH
Mr. Uday Chauhan and Ms. Sneh Gupta, Advocates
WITH
petitioner in person.
VERSUS
STATE THROUGH SHO & ANR. ..... Respondents
Through: Mr. Sanjay Lao, Standing Counsel (Crl.)
WITH
Mr. Shivesh Kaushik, Mr. Abhinav Arya and Ms. Priyam Aggarwal, Advocates
WITH
SI Manoj.
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 in the nature of Habeas Corpus or any other appropriate writ, directing the Respondents to present the victim/wife of the Petitioner namely Smt. Indu Singh before this Hon 'ble Court and further directing to handover the custody of Smt. Indu Singh to the Petitioner.”

2. Issue notice. Notice is accepted by learned Standing Counsel for the State.

3. Wife of the petitioner is present in Court in person. She submits that she had left the house of the petitioner on her own free will as she W.P.(CRL) 1129/2024 2 was not being treated well by the petitioner and his family. She further states that she does not want to go back to petitioner and wants to stay with her parents.

4. Since wife of the petitioner, who is present in Court, is, admittedly, major and has stated before us that she wants to stay with her parents, therefore, no further order is required to be passed in the present petition. She is thus, at liberty, to go back to her parents.

5. Petition is, accordingly, disposed of.

(SURESH KUMAR KAIT) JUDGE (MANOJ JAIN)

JUDGE APRIL 09, 2024