Ravinder Chauhan v. The State (NCT Of Dlehi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1436/2018 RAVINDER CHAUHAN ..... Petitioner Through:

Mr. Sanjay Kumar, Advocate.

versus THE STATE (NCT OF DLEHI) & ORS ..... Respondents Through:

Mr. Rahul Mehra, Standing counsel (Crl.) with Mr. Chaitanya Gosain and Mr. Tushar Sannu, Advocates for State

CORAM:

JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA

O R D E R

% 09.05.2018

1. The Petitioner has approached the Court seeking issuance of directions to Respondents to produce his wife, Sabiya. According to him, they got married on 28th February 2018, after she converted at the Arya Samaj Sewa Trust, Rajinder Market. The certificates of conversion and marriage have been enclosed with the petition. According to the Petitioner, on the very next day, the parents of Sabiya, i.e. Respondents No. 3 and 4, threatened Petitioner and Sabiya with dire consequences if the Petitioner did not leave his wife. It is further stated that on 18th March 2018, Sabiya lodged a complaint at PS Alipur about the threats from her parents. According to the Petitioner, on 28th March 2018, Sabiya's parents forcibly took Sabiya away to some unknown place.

2. On receipt of an advance copy of the petition, a status report dated 9th May 2018 has been filed by Inspector Suresh Kumar, the Station House Officer ('SHO') of PS Alipur.

The status report states that on 17th March 2018, Sabiya's mother (Respondent No.4) lodged a missing person report at PS Alipur. On 18th March 2018, Sabiya came to PS Alipur produced documents showing her marriage with the Petitioner. Sabiya gave a complaint alleging that her family was threatening her and her husband as well as her in-laws.

3. It is further stated that on 22nd April 2018, Sabiya's statement was recorded. Initially, she stated that she came to meet her parents of her own will and wishes to stay with them. Sabiya later informed the police that she would appear before this Court.

4. Meanwhile, on 8th May 2018, the SHO has verified both the marriage and conversion certificates and found that they were duly issued by the Arya Samaj Sewa Trust, Rajinder Market.

5. A subsequent development is that Sabiya has, of her own accord, returned to the Petitioner. The Petitioner and Sabiya are present in Court. Mr. Mehra states that while interacting with Sabiya, she has informed him that she made the earlier statement to the police about wanting to stay with her parents under pressure. She has returned to the Petitioner of her own accord and wishes to live with him hereafter.

6. As pointed out by Mr. Mehra, there is no allegation even in the missing

person report lodged by Sabiya's mother that she is below 18 years of age. Sabiya has informed Mr. Mehra that she is 20 years old. The certificates that have been verified show her to be above 18 years. Sabiya, as an adult, is free to decide whom she wants to live with.

7. Since Sabiya has returned to the Petitioner, no further directions are called for in the present petition. If the Petitioner and Sabiya require any protection, they will make the said request to the SHO of PS Alipur. For that purpose, the mobile numbers of the SHO and a Constable be provided to the them.

8. The petition is disposed of.

S. MURALIDHAR, J.

I.S. MEHTA, J.

MAY 09, 2018/nd