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2017 Supreme(Del) 1801

G.S.SISTANI, VINOD GOEL
Geeta Sharma – Appellant
Versus
Union of India – Respondent


Advocates:
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

JUDGMENT :

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



















































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