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High CourtsDivision Bench(2024) 02 DEL CK 0075

Fiyazuddin vs State Govt. Of Nct Of Delhi And Ors.

Delhi High Court · Decided on 20 February 2024

HON’BLE JUDGES
Suresh Kumar Kait, J · Girish Kathpalia, J
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 530 Of 2024, Criminal Miscellaneous Application No. 4838 Of 2024

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Judgment

10 paragraphs · 352 words
1.

Present petition has been filed as Habeas Corpus under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking directions to the respondents to produce wife of the petitioner and to handover her custody from respondent Nos.2 to 4 to him.

2.

The petitioner is aggrieved by the fact that on 04.02.2024, the respondent Nos.2 to 4, who are father-in-law, brother-in-law of petitioner and mama of petitioner’s wife, respectively, came to petitioner’s house and invited them to their house for a function. On 05.02.2024, they took petitioner and his wife with them. When they reached there, petitioner found that there was no function. Thereafter, on 08.02.2024, petitioner gave a complaint to Commissioner of Police, Delhi as well as to Chief Minister of Delhi against the respondents but it was to no avail. Hence, the present petition has been filed.

3.

Notice issued.

4.

Mr.Sanjay Lao, learned Standing Counsel accepts notice on behalf of the State/respondent and has handed over a status report dated 20.02.2024 which is taken on record.

5.

Petitioner’s wife is present in person through video conferencing and submits that there is some matrimonial dispute going on between her and the petitioner, however, she wants to live with the petitioner and if he comes to bring her back, she shall go with him.

6.

Petitioner is present in person through video conferencing and submits that he is ready to keep his wife with him, however, he does not want to go to her place apprehending that some untoward incident may take place.

7.

Accordingly, SHO Kalyanpuri is directed to send some officer with the petitioner to the residence of his wife and on reaching, the wife of the petitioner and shall accompany her husband to his place of residence as undertook by the her in Court today.

8.

No further order is required to be passed.

9.

With directions as aforesaid, the petition and pending application are disposed of.

10.

It is made clear that if any untoward incident takes place with the petitioner, appropriate action shall be taken against the erring party as per law.