Manish Kumar Nirmal v. State Of NCT Of Delhi And ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1414/2025 MANISH KUMAR NIRMAL .....Petitioner Through:

Petitioner in person.

versus STATE OF NCT OF DELHI AND ORS .....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Agarwal, Mr.Abhinav Kr. Arya, Mr. Aryan Sachdeva, Advocates Insp. Ajeet Singh, PS Sagar Pur Mr. Priyam Mishra, Mr. Amarish Chandra Tiwari, Ms. Nisha Parveen, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 26.05.2025 1.

The Petitioner has approached this Court by filing the instant Writ Petition for issuance of a writ of habeas corpus directing the State to produce the children of the Petitioner, who are aged about 6 years and 2 years.

2.

The facts of the case reveal that the Petitioner got married on 21.01.2016 to one Monika Sarkar. It is stated that a daughter was born out of the said wedlock on 25.05.2019. It is further stated that on 20.04.2023, a son was born out of the wedlock.

3.

It is stated that on 23.03.2025, the Petitioner's wife along with her relative came to the Petitioner's residence and took both the children away The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 00:57:03

without the consent of the Petitioner.

4.

It is stated that the Petitioner has filed Police complaints. Status Report has been filed by the Police. A perusal of the Status Report states that the Petitioner and his wife were having strained relations for the last several years. The enquiry revealed that the wife of the Petitioner was residing at her native place, i.e., Village Murliganj, Madhepura, Bihar. 5.

Today, the Petitioner's wife and the two children have been produced before this Court. This Court has interacted with the Petitioner and his wife. The Petitioner's wife states that she does not want to go to her husband. The children are with the Petitioner's wife. The Petitioner's wife states that she would get them educated in Bihar. This Court is satisfied that the mother, i.e., Petitioner's wife and children are safe. 6.

Since the wife and the children of the Petitioner have been produced before this Court, the purpose of the instant habeas corpus petition has been achieved.

7.

It is for the Petitioner or the Petitioner's wife to take appropriate steps regarding the custody of the children. The family court, as and when approached, will conduct a detailed scrutiny regarding the welfare of the children. This Court is not making any observation on this aspect. 8.

With these observations, the petition is disposed of along with pending application(s), if any.

SUBRAMONIUM PRASAD, J.

HARISH VAIDYANATHAN SHANKAR, J.

MAY 26, 2025 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 00:57:03