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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Sh. Ankit Bhati - Appellant
Versus
The State NCT of Delhi & Ors. - Respondents
W.P.(Crl) 116 of 2024 & Crl.M.A.1002 of 2024
Decided On : 18-01-2024
Habeas Corpus - Detention of Wife - The court disposed of a writ petition seeking the production of the petitioner's wife, who was allegedly being illegally detained or kidnapped, after the wife appeared in court and stated that she was staying with her parents of her own will and volition.
Fact of the Case:
The husband filed a writ petition seeking the production of his missing wife, alleging illegal detention or kidnapping by the respondents. However, the wife appeared in court and stated that she was staying with her parents of her own will and volition.
Finding of the Court:
The court disposed of the petition, noting that the wife was present in court and stated that she was staying with her parents of her own will and volition. The status report was taken on record, and no further order was deemed necessary.
Issues:
Ratio Decidendi: The court's decision was influenced by the wife's statement in court, indicating that she was not being illegally detained or kidnapped as alleged by the petitioner.
Final Decision: The petition was disposed of accordingly, and no further order was required. The next date of hearing was cancelled.
JUDGMENT (Oral)
1. The present petition is taken up on mentioning by the learned APP.
2. The present writ petition under Article 226 of the Constitution of India read with Section 482 Code of Criminal Procedure, 1973 has been instituted on behalf of the petitioner, praying as follows:
"a) To issue a writ of Habeas Corpus or any other appropriate writ order or directions thereby directing the respondents to produce the wife of the petitioner namely Ms. Vikansha, who is being illegally Detained/Kidnapped by the Respondent no. 4, 5 and 6 and also for other appropriate order restraining the respondents specially respondent no. 4 to 6 from re-marrying the wife of the petitioner Ms. Vikansha with some other person.
(b) Any other further relief which this Hon'ble Court will deem fit and proper be also passed in favour of the petitioner and against the respondents."
3. The present petition has been filed by the husband. His alleged missing wife is present in Court and states that though she is married, she is staying with her parents of her own will and volation.
4. The status report is taken on record.
5. In view of the above, no further order is required to be passed in the present petition.
6. The next date of hearing i.e. 07.02.2024 stands cancelled.
7. The petition is disposed of accordingly.
The court's decision was based on the voluntary statement of the wife, indicating that she was not being illegally detained or kidnapped.
The court's decision was based on the principle that no order was required to be passed as the missing girl, an adult, was staying with her parents of her own free will and had no legal relationship ....
An adult and married individual has the right to make their own decision regarding their living arrangements.
The court can issue directions to enable the resumption of married life in a matrimonial dispute.
A Habeas Corpus petition regarding a missing spouse and children is maintainable for discovery and safety, but the Court's jurisdiction is limited to locating them and does not extend to adjudicating....
A Habeas Corpus petition is not the appropriate legal remedy for a husband to seek the recovery of an adult wife who has voluntarily left the matrimonial home, particularly when a criminal case regar....
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