Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Jebin Nagarajan - Appellant
Versus
State of NCT of Delhi & Ors. - Respondents
W.P.(Crl.) 638 of 2024
Decided On : 23-02-2024
Habeas Corpus - Marriage Registration - Missing Wife - Court held that no order is required to be passed as the missing girl, an adult, is staying with her parents and has no legal relationship with the petitioner.
Fact of the Case:
The petitioner filed a petition seeking directions to trace out his missing wife, who had allegedly been taken away by her father after applying for marriage registration.
Finding of the Court:
The court found that the missing girl, an adult, was staying with her parents of her own free will and had no legal relationship with the petitioner, therefore no order was required to be passed.
Issues: The issue was whether the court should intervene in the case of a missing wife who was an adult and staying with her parents of her own free will.
Ratio Decidendi: The court's decision was influenced by the fact that the missing girl, being an adult, was staying with her parents of her own free will and had no legal relationship with the petitioner.
Final Decision: The petition was disposed of with the direction for the petitioner to return the missing girl's original documents to her counsel within three days.
JUDGMENT (Oral)
Crl.M.A.5935/2024 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(Crl) 638/2024
3. This petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. in the nature of Habeas Corpus seeking directions to the respondents to trace out his missing wife.
4. It is stated in the present petition that on 09.12.2023, the petitioner and the alleged missing girl had applied for marriage registration under `Special Marriage Act' out of their sweet and free will at DC Office, Nand Nagri, Delhi-110093. On 11.12.2023, petitioner and missing girl had appeared before the Marriage Registrar at DC Office and Registrar issued 30 days' notice inviting objections, if any, regarding the marriage and fixed the date of 12.01.2024 for marriage and handing over the marriage certificate. However, on 12.01.2024, the respondent No.3 (father of the missing girl) visited the house of the petitioner and took her away. Thereafter, several times the petitioner visited the house of respondent No. 3 but the house was found locked and petitioner came to know that respondent No. 3 had forcibly arranged marriage of the missing girl against her will and consent. Therefore, the present petition has been filed.
5. Notice issued.
6. Mr. Sanjay Lao, learned Standing Counsel accepts notice on behalf of respondent-State and submits that the missing girl, who is 26 years old, is present in the Court and she has informed that she is staying with her free will with her parents and that she has now no connection whatsoever with the petitioner. Before us also, she reiterated the same.
7. In view of the above and since the alleged missing girl is an adult and staying with her parents and there is no legal relationship between her and the petitioner, no order is required to be passed.
8. At this stage, the alleged missing girl submits that her original Passport, Aadhar Card, PAN Card and 10th Class Certificate are with the petitioner and he may be directed to return the same to her.
9. The petitioner, who is present in Court, does not dispute the same and undertakes that he would return all such original documents to her counsel, Mr. S.N. Khan, Mob. No. 9811244379 within three days. Let it be done.
10. The present petition is disposed of in aforesaid terms.
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 upheld the rights of the daughter as a major and allowed her to make her own decisions regarding her marriage and living arrangements.
The court's decision was based on the pending investigation of the missing minor daughter and the direction for the concerned police officials to provide a monthly status report and communicate any c....
The court's decision was based on the adequacy of the efforts made by the police to trace the missing minor daughter and the pending investigation of the FIR.
The court affirmed the autonomy of an adult woman to make personal choices regarding her marriage and residence, dismissing the claim of illegal detention.
The court's decision was influenced by the willingness of the missing child to go back to her parents and the readiness of the parents to accept her, in compliance with Section 164 Cr.P.C.
A Writ of Habeas Corpus cannot be issued without evidence of illegal confinement, even in cases of missing persons.
Court directs police to investigate missing person case per guidelines and produce before Magistrate.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
