Gaurav Prabhakar v. The State and Others

Delhi High Court · 06 Feb 2024 · 2024:DHC:888-DB
Suresh Kumar Kait; Manoj Jain
W.P.(CRL) 235/2024
2024:DHC:888-DB
constitutional petition_dismissed

AI Summary

The Court held that an adult married woman cannot be compelled to be produced under Habeas Corpus against her will when she voluntarily appears and chooses not to live with the petitioner.

Full Text
Translation output
W.P.(CRL) 235/2024
HIGH COURT OF DELHI
Date of Decision: 06th February, 2024
W.P.(CRL) 235/2024
GAURAV PRABHAKAR ..... Petitioner
Through: Mr. Kshitiz Ahuja
WITH
Mr. Shekhar Bhatia, Advocates.
VERSUS
THE STATE AND OTHERS ..... Respondents
Through: Mr. Sanjay Lao, Standing Counsel
WITH
Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and
Mr. Shivesh Kaushik, Advocates SI Manoj Kumar, PS Nihal Vihar.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. The present writ of Habeas Corpus under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been preferred by the petitioner seeking the following prayer:- “Direct the Respondent No.2 to 4 to produce the wife of the Petitioner namely Raman Deep Kaur before this Hon’ble Court under Habeus Corpus.”

2. The wife of the petitioner is present in Court and states that since her husband/petitioner had committed atrocities on her, she does not want to live with him. She further states that she wants to live with her friend/respondent No.4. W.P.(CRL) 235/2024

3. Since wife of the petitioner is adult and is married, therefore, no further order is required in the petition as even otherwise she is present in the Court today and the petitioner merely wanted her production.

4. Petition is, accordingly, disposed of.

5. Parties are at liberty to take appropriate steps before the appropriate Forum.

(SURESH KUMAR KAIT) JUDGE (MANOJ JAIN) JUDGE