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HIGH COURT OF DELHI
JUDGMENT
MOHD. UMAIR ..... Petitioner
Advocates who appeared in this case:
For the Petitioner : Mr. Mohd. Sulaman Khan, Advocate
For the Respondents : Mr. Chaitanya Gosain, Mr. Amanpreet Singh and Mr. Anand Thunbayil, Advocates for Mr. Rahul Mehra, Standing Counsel
(Criminal) and Inspector Sanjeev Verma (SHO), S.I. Ram
Niwas and W/S.I. Kiran, P.S.:Chandni Mahal for R-1 to R-4
Mr. Sanjay Sharma, Mr. Karan Sachdeva and Ms. Richa Sharma, Advocates for R-5
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
CRL.M.A.4151/2021(Exemption)
Exemption granted, subject to just exceptions.
The application is disposed of accordingly.
2021:DHC:967-DB
1. The present habeas corpus petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been instituted on behalf of Mohd. Umair, the petitioner herein, essentially seeking a direction to the official respondents to produce his legally wedded wife Ms. Tooba Kamal before this Court.
2. Ms. Tooba Kamal is present in Court today along with her parents, namely Mr. Kamal Nadeem (father), who is respondent No.5 herein, and Ms. Noorafsa (mother). We have interacted with all concerned parties.
3. Ms. Tooba Kamal has expressed the desire to reside at her matrimonial home at 2629 Gali Badliyaan, Choori Walan, Jama Masjid, Delhiwith her husband Mohd. Umair, whom she is stated to have married on 30.09.2019.
4. Mr. Kamal Nadeem and his wife Noorafsa state that they have no objection if their daughter, who attained the age of majority on 21.07.2018, resides with her legally wedded husband Mohd. Umair.
5. In view of the foregoing, the present habeas corpus petition is allowed. Ms. Tooba Kamal is at liberty to reside with her husband Mohd. Umair, as expressed by her.
6. Inspector Sanjeev Verma, SHO P.S.: Chandni Mahal, who is present in Court today, is directed to ensure the safe passage of the young couple to their matrimonial homeforthwith.
7. No further directions are called for in the present matter.
8. With the above directions the writ petition is disposed of. The pending application also stands disposed of.
SIDDHARTHMRIDUL (JUDGE)
ANUP JAIRAM BHAMBHANI (JUDGE) MARCH 16, 2021 Click here to check corrigendum, if any