Md. Jailun v. State of NCT of Delhi

Delhi High Court · 21 Mar 2024 · 2024:DHC:2352-DB
Suresh Kumar Kait; Manoj Jain
W.P.(CRL) 771/2024
2024:DHC:2352-DB
constitutional petition_dismissed

AI Summary

The court held that an adult married woman has the right to decide her residence and refused to compel her production under Habeas Corpus, directing non-interference by relatives in the matrimonial life.

Full Text
Translation output
W.P.(CRL) 771/2024
HIGH COURT OF DELHI
Date of Decision: 21th March, 2024
W.P.(CRL) 771/2024
MD. JAILUN ..... Petitioner
Through: Ms. Mumtaz Ahmad and Mr. Satish Sharma, Advocates
WITH
petitioner in person.
VERSUS
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Sanjay Lao, Standing Counsel
WITH
Mr. Abhinav Kr. Arya and Mr. Shivesh Kaushik, Advocates for the
State
WITH
Insp. Ganesh Kumar.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Present petition has been filed as Habeas Corpus under Article 226 & 227 of the Constitution of India read with 482 Cr.P.C seeking directions to the respondent No. 2 to produce the missing wife of the petitioner.

2. Pursuant to order dated 06.03.2024, wife of the petitioner, who is present in this Court, submits that she has already married to petitioner and wants to stay with him.

3. Since she is adult, married and has every right to take decision of her own, she is at liberty to go wherever she wants. It is, however, made clear that the parents/relatives of the petitioner and his wife shall not interfere in W.P.(CRL) 771/2024 any manner and shall not create any hindrance in their matrimonial life.

4. Be that as it may, in view of aforesaid, no further order is required to be passed.

5. A copy of this order be also sent to SSP, Samastipur, Bihar for information and action, if any.

6. Petition is, accordingly, disposed of.

(SURESH KUMAR KAIT) JUDGE (MANOJ JAIN)

JUDGE MARCH 21, 2024