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2024 Supreme(Online)(SC) 5283
SUPREME COURT OF INDIA
HON'BLE THE CHIEF JUSTICE, CJ, HON'BLE MR. JUSTICE J.B. PARDIWALA, J, HON'BLE MR. JUSTICE MANOJ MISRA, J
DHIRANJAN KUMAR – Appellant
Versus
THE STATE OF BIHAR – Respondent
W.P.(Crl.) No.-000266 / 2023
Mr. Nisarg Choudhary, AOR; Mr. Dushyant Mudgil, Adv.; Mr. Samir Ali Khan, AOR; Mr. Pranjal Sharma, Adv.; Mr. Kashif Irshad Khan, Adv.; Mr. Nalin Kohli, Sr. A.A.G.; Mr. Ankit Roy, AOR; Ms. Nimisha Menon, Adv.; Mr. Anshul Malik, Adv.; Mr. Sarthak Sharma, Adv.; Mr. Ayuushman Aroraa, Adv.
The court emphasizes the necessity of recording the corpus's statement to address allegations of illegal detention and ensure her voice is heard.
Headnote:(A) Family Law - Marriage and Custody - The petitioner alleges that the corpus has been forcibly taken away by her parents to Assam, and seeks to implead her and her parents as respondents. The court grants permission and directs the Principal District Judge of Diphu to record the corpus's statement. (Paras 1-4)
(B) Jurisdiction - The court emphasizes the need for a judicial officer to record the statement of the corpus to ensure her voice is heard in the proceedings. (Para 4)
Facts of the case:
The petitioner claims to have married the corpus in Muzaffarpur and states they have a two-year-old daughter. The corpus is alleged to have been illegally detained by her parents.
Findings of Court:
The court orders the recording of the corpus's statement and submission of a report within three weeks.
Issues: The main issues include the alleged illegal detention of the corpus and the need for her statement to be recorded.
Ratio Decidendi: The court underscores the importance of hearing the corpus's statement to address the allegations of illegal detention.
Result: Notice issued to newly added respondents, and a judicial officer appointed to record the statement.
ORDER
1 Notice was issued by this Court on 3 July 2023. The petitioner who states that he is residing at Muzaffarpur in the State of Bihar alleges that the corpus, who he is alleged to have married in Muzaffarpur, has been forcibly taken away by her parents to Assam. He states that they have a two year old daughter Digitally signed by Ashwani Kumar Date: 2024.03.13 14:51:26 IST Reason:
- Signature Not Verified On the request of Mr Nisarg Choudhary, counsel appering on behalf of the petitioner, we grant permission to implead the alleged corpus, who is alleged to have been illegally detained as well as her parents as party respondents.
- Notice shall be issued to the newly added respondents returnable on 8 April
2024. 4 In the meantime, we direct that the Principal District Judge of Diphu in Karbi Anglong shall nominate a judicial officer to record the statement of the corpus and to submit a report after recording the statement to the Registrar (Judicial) of this Court within a period of three weeks.
A copy of the Writ Petition, as amended shall be supplied to the Principal District Judge, Diphu.
(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR) AR-CUM-PS ASSISTANT REGISTRAR
