Ashutosh Mishra v. State (NCT Of Delhi) And ORS.
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1936/2025 ASHUTOSH MISHRA .....Petitioner Through:
Ms. Sukriti Pratap, Ms. Vandana Yadav and Ms. Aakriti, Advocates with Petitioner in person versus STATE (NCT OF DELHI) AND ORS.
.....Respondents Through:
Mr. Sanjay Lao, Standing Counsel for the State with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya, Mr. Aryan Sachdeva, Advocates SI Suresh Kumar, PS Kapashera
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
O R D E R
% 11.07.2025 1.
The present writ petition which has been filed by the Petitioner under Article 226 of the Constitution of India is in the nature of habeas corpus seeking direction to produce Ms. Simmi, i.e., the wife the Petitioner herein. 2.
The contention in the present petition is that the Petitioner has married one Ms. Simmi D/o Respondent No.2 herein. Though it is stated that the Petitioner has married Ms. Simmi in Arya Samaj Mandir but the marriage is obviously not a valid marriage since Ms. Simmi is a Muslim. Be that as it may, since the allegation made in the present petition is one of illegal detention of Ms. Simmi, this Court issued notice in the matter. 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 17/07/2025 at 12:54:15
3.
Ms. Simmi has been traced and has been produced in Court today. We have interacted with Ms. Simmi, Respondent No.2-Jahur Ahmed and the Petitioner herein-Ashutosh Mishra.
4.
It transpires that Ms. Simmi is married to one Taukil Ahmed. She is not yet divorced from Mr. Taukil Ahmed. A child was born out of the said marriage. However, Ms. Simmi emphatically states that she does not want to stay with Mr. Taukil Ahmed. She is a major and in view of the fact that she is married, she cannot be confined against her wishes. Ms. Simmi is therefore free to go wherever she wants to and take such action in accordance with law.
5.
Since Ms. Simmi has been produced in Court, the purpose of habeas corpus has been met and the petition stands disposed of along with pending application(s), if any.
SUBRAMONIUM PRASAD, J.
HARISH VAIDYANATHAN SHANKAR, J.
JULY 11, 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 17/07/2025 at 12:54:15