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IN THE HIGH COURT OF DELHI AT NEW DELHI
Siddharth Mridul, Anup Jairam Bhambhani, JJ.
Sajid Ali - Appellant
Versus
State (Govt Nct Of Delhi) & Ors. - Respondents
W.P. (Crl) No. 422 of 2021
Decided On : 25-02-2021
Habeas Corpus - Missing Daughter - The court addressed a habeas corpus petition seeking the production of a missing daughter. The daughter, through video conferencing, expressed that she had married of her own free will and was residing in Maharashtra with her husband. The petitioner, upon hearing this, did not press the petition further, and it was disposed of accordingly.
Fact of the Case:
The petitioner sought a direction to produce his missing daughter before the court. The daughter, through video conferencing, expressed that she had married of her own free will and was residing in Maharashtra with her husband. The petitioner, upon hearing this, did not press the petition further, and it was disposed of accordingly.
Finding of the Court:
The court found that the missing daughter had married of her own free will and was residing in Maharashtra with her husband. Upon this finding, the petitioner did not press the petition further, and it was disposed of accordingly.
Issues: The main issue was the production of the missing daughter before the court, as sought by the petitioner.
Ratio Decidendi: The court's decision was influenced by the daughter's expression of her own free will in marrying and residing in Maharashtra with her husband.
Final Decision: The petition was disposed of accordingly, as the petitioner did not press the petition further upon learning about the daughter's marriage and residence.
JUDGMENT
Siddharth Mridul, J. - The present habeas corpus petition under Articles 226 and 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure 1973, instituted on behalf of Mr. Sajid Ali, the petitioner herein, essentially sought for a direction to the official respondents to produce his missing daughter Zeenat before this Court.
2. Both the petitioner Mr. Sajid Ali as well as his 24 year old daughter Ms. Zeenat have joined the proceedings through video conferencing and have had a detailed conversation.
3. Ms. Zeenat has clearly expressed that she left home of her own free will and has married Mr. Ramzan Sheikh on 21.01.2021 at Hazrat Sayyad Barkat Ali Shah Dargah Masjid, Wadala, Mumbai. Ms. Zeenat has further stated that their nikah was solemnized at the said Masjid by Qazi Mohd. Maulana Tajammul Hussain. She has also stated that after her marriage, she alongwith her husband are currently residing in Maharashtra. Ms. Zeenat has, however, furnished only her mobile telephone number being 8591084434 to her father Mr. Sajid Ali. Ms. Zeenat has expressed to her father Mr. Sajid Ali that she would travel to her parental home at some convenient time in the future, as and when the pandemic recedes in Maharashtra.
4. In view of the foregoing, Mr. Anuj Kumar, learned counsel appearing on behalf of the petitioner, on instructions from the latter, does not press this petition any further.
5. The petition is disposed of accordingly.
The central legal point established in the judgment is the daughter's expression of her own free will in marrying and residing in Maharashtra with her husband, which influenced the court's decision t....
The court affirmed the autonomy of individuals to make personal choices regarding marriage and residence, particularly when not compelled or coerced.
Adult daughter's autonomy in consensual relationship and independent living upheld in habeas corpus petition.
The court's decision was based on the principle that in cases of habeas corpus, the determination of illegal detention or custody is crucial, and in this case, the missing daughter's marriage and wil....
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's decision was influenced by the daughter's statement and the directions issued by the concerned Magistrate, which led to the disposal of the habeas corpus petition and cancellation of the ....
The absence of illegal detention is crucial in determining the necessity of a Habeas Corpus legal drill under Article 226 of the Constitution of India.
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 major individual has the right to make personal choices regarding marriage and living arrangements without being subject to claims of unlawful detention.
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