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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Aman Kumar Yadav - Appellant
Versus
State & Ors. - Respondents
W.P.(Crl.) 668 of 2024
Decided On : 27-02-2024
Petition - Custody Dispute - The court found that the wife, Shaheen Fatima, was living with her parents at her own will and did not want to go back to the petitioner. The court held that since she is an adult and has the right to make her own decisions, no further order was required.
Fact of the Case:
The petitioner sought the production and release of his wife, Shaheen Fatima, and the registration of an FIR against certain individuals for illegal detention and threats to his family.
Finding of the Court:
The court found that Shaheen Fatima was living with her parents at her own will and did not want to return to the petitioner, therefore no further order was necessary.
Issues: Custody dispute, illegal detention, and threats to the petitioner's family.
Ratio Decidendi: The court determined that since Shaheen Fatima was an adult and had the right to make her own decisions, no further order was necessary.
Final Decision: The petition was disposed of as no further order was required.
JUDGMENT (Oral)
1. Present petition has been filed by the petitioner seeking following prayer:
"(a) Directing the Respondents to produce the wife of the Petitioner i.e. Shaheen Fatima before this Hon'ble Court and set her at liberty and pass further appropriate orders in the matter; and
(b) Direct the respondents to register an FIR against the Respondent no.3 to 6 and to take necessary legal action against him."
2. Issue notice. Learned Standing Counsel accepts notice on behalf of the State and has produced the status report dated 27.02.2024. The same is taken on record.
3. As per status report dated 27.02.2024, a complaint was received at PS Mangolpuri on 08.02.2024 from petitioner against respondent No.3 (Azimuddin Siddiqui), respondent No.4 (Kesar Jahan), respondent No.5 (Anjum) and respondent No.6 (Alkama) and one Chota Chacha regarding illegal detention of his wife namely Shaheen Fatima by her family members and threat extended to his own family. Said complaint was marked to HC Sachin, PS Mangolpuri, and on receipt of the said complaint, he visited the parental house of said missing wife of the petitioner at O-110, Mangolpuri, Delhi where the owner of the house namely Ramvriksh was found who stated that he had let out his house to one Azimuddin, who used to reside in the said house with his family but nearly one and a half month ago, he with his family had left the same. Thereafter, Investigating Officer contacted Shaheen Fatima, the wife of the petitioner on her Mobile who stated that she was living with her parents at her native village at Akhlaspur, Distt. Ambedkar Nagar, Uttar Pradesh at her own will.
4. Ms. Shaheen Fatima has appeared today before the Court through Whatsapp video call on mobile phone of the Investigating Officer. She does not dispute her marriage with the petitioner before the SDM but submits she did not marry the petitioner at her own will but it was under threat. She further states that she does not want to go back to the petitioner. She states that she is living with her parents at her own will and would continue to live with them.
5. Since Ms. Shaheen Fatima is adult and has the right to take decision of her own and has decided to live with her parents, no further order is required to be passed in the present petition.
6. In view of the above, the present petition is disposed of.
Adult's right to make their own decisions regarding living arrangements.
The court prioritized the expressed wishes of the wife, who was of legal age, and emphasized the role of the police in ensuring the safety of the couple.
The court's decision was based on the voluntary statement of the wife, indicating that she was not being illegally detained or kidnapped.
An adult and married individual has the right to make their own decision regarding their living arrangements.
The court in habeas corpus proceedings can rely on the wishes of the detainee to establish the legality of detention.
The court upheld the right of an adult to make decisions regarding marriage and found that no further order was required in the case.
The custody of a wife with her parents cannot be considered illegal confinement, and restoration of conjugal rights should be sought through the competent court.
The autonomy and consent of a major individual in matters of marriage and living arrangements should be respected.
Police directed to investigate missing detenu per court guidelines despite alleged voluntary departure.
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