High CourtsDivision Bench(2024) 02 DEL CK 4148

Gurman Kaur vs The State & Ors.

Delhi High Court · Decided on 6 February 2024

HON’BLE JUDGES
Suresh Kumar Kait, J · Manoj Jain, J
RESULT
Disposed Of
CASE NUMBER
W.P.(CRL) 411/2024 & CRL.M.A. 3784/2024

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Judgment

7 paragraphs · 229 words
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:-

“Issue a writ of Habeas Corpus or any other appropriate writ, thereby directing the respondent(s) to recover Ms. Damyanti Upadhyay @ Anju from the illegal custody of the Respondent No. 2.”

2.

Ms. Damyanti @ Anju is present in Court and states that she does not want to live with her in-laws because of the atrocities being committed by them. She further states that she is not comfortable with her parents and would not like to stay with them either. She states that she would like to continue to live with her friend.

3.

Respondent is an adult of 36 years of age and is married. Therefore, no further order is required in the petition as even otherwise the petitioner merely wanted her production to assess her well-being.

4.

Ms. Damyanti @ Anju, on being asked, states that she has some apprehension and wants her to be escorted back to residence of her friend.

5.

Therefore, respondent/State is directed to escort her to a place where she would like to stay and address of her such stay be recorded and such address be communicated to the concerned Police Station by the escorting official.

6.

Petition is, accordingly, disposed of.