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IN THE HIGH COURT OF DELHI AT NEW DELHI
Siddharth Mridul, Anup Jairam Bhambhani, JJ.
Mohd Umair - Appellant
Versus
State (NCT) Delhi & Ors - Respondent
W.P. (Crl) No. 573 of 2021
Decided On : 16-03-2021
Exemption - Habeas Corpus Petition - The court allowed the habeas corpus petition and granted the petitioner's wife the liberty to reside with him, as expressed by her.
Fact of the Case:
The petitioner filed a habeas corpus petition seeking the production of his legally wedded wife before the court. The wife expressed her desire to reside with the petitioner, and her parents had no objection to it.
Finding of the Court:
The court allowed the habeas corpus petition and granted the petitioner's wife the liberty to reside with him, as expressed by her. The court directed the police to ensure the safe passage of the couple to their matrimonial home.
Issues: Habeas corpus petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973.
Ratio Decidendi: The court's decision was based on the expressed desire of the wife to reside with her husband and the absence of objection from her parents.
Final Decision: The court allowed the habeas corpus petition and granted the petitioner's wife the liberty to reside with him, as expressed by her. The police were directed to ensure the safe passage of the couple to their matrimonial home.
JUDGMENT
Siddharth Mridul, J. - Crl.M.A.4151/2021 (Exemption)
Exemption granted, subject to just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 573/2021 & CRL.M.A.4150/2021 (Interim Directions)
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.
The expressed desire of the wife to reside with her husband and the absence of objection from her parents influenced the court's decision in allowing the habeas corpus petition.
The court emphasized personal liberty and the individual's choice in residence, allowing a married woman to live with her spouse against parental concerns.
A Writ of Habeas Corpus is dismissed when an alleged detenue voluntarily provides a statement confirming their free will to reside with their parents, as there is no evidence of unlawful detention.
Point of law: Prevention of detention - Remedies available for the purpose under criminal and civil law, issuance of a writ of habeas copus at the behest of a husband to regain his wife may not be av....
The court can issue directions to enable the resumption of married life in a matrimonial dispute.
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