AJAY vs STATE AND OTHERS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 1st April, 2024

+ W.P.(CRL) 954/2024
AJAY ….. Petitioner
Through: Ms. Ira Gupta Advocate via videoconferencing.
versus

STATE AND OTHERS ….. Respondents
Through: Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agarwal and Mr. Shivesh Kaushik, Advocates with Insp. Raj Kumar, PS Nihal Vihar.
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MR. JUSTICE MANOJ JAIN

J U D G M E N T (oral)

1. The present petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for issuance of a writ in the nature of habeas corpus directing respondent No. 1 to get released the detenue (his wife) from the premises of respondent No. 2. In addition, direction and necessary action is also sought to inquire into the incident of keeping the detenue in illegal confinement.
2. The wife of the petitioner is present in Court. Her father is also present who has questioned the marriage by submitting that the marriage is without his consent.
3. Since wife of the petitioner is admittedly major and has married and has reiterated before us that she wants to go with her husband (petitioner herein), therefore, no further order is required in the present petition. She is thus, at liberty, to go with her husband.
4. It is, however, made clear that the parents/relatives of the petitioner and his wife shall not indulge in any act resulting in any untoward incident and shall not create any hindrance in their lives.
5. Petition is, accordingly, disposed of.

(SURESH KUMAR KAIT)
JUDGE

(MANOJ JAIN) JUDGE
APRIL 1, 2024/sw

W.P.(CRL) 954/2024 1