Smt. Mahima Bhati v. State

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3165/2019 SMT. MAHIMA BHATI ..... Petitioner Through:

Mr.Rohit Shukla, Advocate with petitionermother in person. versus STATE ..... Respondent Through:

Mr.Rahul Mehra, Standing Counsel (Crl.) with Mr.Chaitanya Gosain, Advocate for State with Inspector Suresh Kumar, SHO Timarpur and SI Devendra Rawat, PS Timarpur.

Mr.Apurb Lal and Mr.Shashi, Advocates for applicant with applicant Mr.Biant SinghFather in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 09.12.2019 CRL.M.A. 42124/2019 (exemption) Allowed, subject to just exceptions.

Accordingly, present application stands disposed of. Crl.M.A. No.42123/2019 Present application has been filed by the applicant-husband stating that he had to leave the home of the petitioner after first date due to ill treatment meted out to him by the petitioner.

Learned counsel for applicant-husband states that there is no possibility of him living with the petitioner. It is pertinent to mention that the present writ of habeas corpus was filed by the petitioner-mother seeking production of her infant son Rehan, aged about one and a half years, who had been missing since 12th October, 2019.

On 14th November, 2019, the infant child-Rehan had been handed over back to the petitioner-mother.

Keeping in view the averments in the present application, the present writ petition is disposed of with liberty to the parties to pursue their remedies in accordance with law. However, till any competent Court passes an order, the custody of the minor child shall remain with the petitionermother. Mr. Biant Singh, applicant-husband is permitted to meet the child every Sunday at 10 a.m. for two hours.

On the aforesaid directions, the present application stands disposed of. MANMOHAN, J SANGITA DHINGRA SEHGAL, J DECEMBER 09, 2019 afa/