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2017 Supreme(Del) 1801
IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S. SISTANI, VINOD GOEL, JJ.
Geeta Sharma - Petitioner
Versus
The Union of India & Anr. - Respondents
W.P. (Crl) 2527 of 2015 & Crl. M.A. No. 14648 of 2016
Decided On : 30-05-2017
Advocate Appeared:
For the Petitioner: Mr. Nishant Kumar Srivastava, Mr. Zachauah Jacob
For the Respondents: Mr. Arun Kumar, Mr. Kirtiman Singh, Mr. Atul Sharma, Ms. Ritika Talwar, Mr. Abhishek Sharma, Ms. Abhilasha Singh
The main legal point established in the judgment is that in a Habeas Corpus petition, once the missing person appears and states that they are not missing, the court has no further jurisdiction to pass orders.
Headnote:
Habeas Corpus - Mental Healthcare Treatment - Special Marriage Act, 1954 - Section 28(2) - Mental Health Act, 1983 - [SUMMARY OF ACT SECTIONS: Special Marriage Act, 1954 - Section 28(2); Mental Health Act, 1983]
Fact of the Case:
The petitioner filed a writ petition seeking a writ of Habeas Corpus to produce the daughter, Ms. 'X', who was allegedly being forced to undergo mental healthcare treatment in London against her wishes. The petitioner also sought the constitution of a Medical Board to determine the necessity of the treatment and immediate provision of medical documents.
Finding of the Court:
The court found that Ms. 'X' had met her mother during a visit to India and had returned to the United Kingdom of her own free will, indicating that her stay in the UK was with her consent. The court also noted that the medical records provided by the respondent indicated that Ms. 'X' was suffering from paranoid Schizophrenia and was receiving proper medical care and attention from her father.
Issues: The issues before the court were whether Ms. 'X' was sent to London against her wishes and whether her medical treatment in the UK was necessary.
Ratio Decidendi: The court held that since Ms. 'X' had met her mother and no reports of coercion were made, and considering the medical records provided, no further orders were required, and the petition was disposed of.
Final Decision: The court found that no further orders were necessary and disposed of the petition.
G.S. Sistani, J.
1. Petitioner has filed the present writ petition under Article 226 of the Constitution of India seeking a writ of Habeas Corpus directing respondents No.1 & 2 to produce the daughter of the petitioner, namely, Ms. ‘X’ (name withheld to maintain privacy), who is a major. It is alleged in the petition that Ms. ‘X’ is being forced to undergo mental healthcare treatment and admitted in Nightingale Hospital for Mental Health at Marylebone, London (United Kingdom), against her wishes. Prayer is also sought that a Medical Board be constituted to determine if there is any requirement of such treatment. Direction is also sought to respondents No.1 & 2 to immediately provide all the medical documents and reports of Ms. ‘X’ to the petitioner.
2. The necessary facts of the case, which are required to be noticed for disposal of this writ petition, are as under:-
(i) Marriage between the petitioner and respondent No.2 was solemnized under the provisions of the Special Marriage Act, 1954 on 26.04.1987. Ms. ‘X’ was born out of their wedlock in Delhi on 12.09.1989. In the year 1998, marriage between the petitioner and respondent No.2 was dissolved by a decree of divorce by mutual consent, under Section 28(2) of the Special Marriage Act. Thereafter, the petitioner and respondent No.2 started residing separately. The custody of the two then minor daughters was handed over to the petitioner while respondent No.2 had undertaken to bear the entire expenses pertaining to their schooling and higher education.
(ii) Initially, the daughters remained in the custody of the petitioner. Subsequently, they were sent to a Boarding School. During their summer vacations in the month of May, 2006 when the daughters were with the petitioner, due to a mild rebuke by the mother on some issue, Ms. ‘X’ got angry, called respondent No.2 who arrived at the residence and with the help of the police, took away the daughters in violation of the terms of the decree of divorce. The petitioner claims that she did not approach any Court of law as per the advice being rendered to her. However, Ms. ‘X’ continued to stay in touch with the petitioner and confided in the petitioner with respect to all problems faced by growing daughters. Meanwhile, respondent No.2 solemnized his second marriage.
(iii) It is further stated in the petition that Ms. ‘X’ was forced by respondent No.2 to take up Economics (Honours) in Sri Ram College of Commerce (SRCC) at New Delhi, disregarding the fact that she did not have Mathematics as one of the subjects in Class-XI and XII. Ms. ‘X’ failed five consecutive exams and ultimately discontinued her studies at SRCC, probably by then she was on medication for depression and has been visiting a Psychiatrist on her step-mother’s insistence.
(iv) In the year 2013, the petitioner discovered the psychiatric dosses in the bag of Ms. ‘X’. She then confronted respondent No.2 and she was assured by respondent No.2 that Ms. ‘X’ would not be administered such drugs. However, the drugs were continued. In the month of January, 2015, the petitioner received a call from Ms. ‘X’ informing her that she was going to London in connection with an internship. Although Ms. ‘X’ was assured stay at the house of the aunt of the step-mother, but a month later, the petitioner was informed by Ms. ‘X’ that she had been thrown out and thereafter, a week later, respondent No.2 had also left her stranded in a hotel without money. The petitioner then made complaints to the office of respondent No.1 and also to the High Commissioner. Subsequently, the petitioner learnt from Ms. ‘X’ through telephonic calls, text messages and e-mails that she had been shifted to Nightingale Hospital, London and was undergoing treatment despite her objections. The petitioner was informed by Ms. ‘X’ about her distress and harassment at the hospital. No family person was around to take care of her despite repeated requests and complaints. Respondent No.2 failed to take urgent steps to
