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High Court of DelhiW.P.(CRL)/1361/2018

Rajiv v. State (NCT) Of Delhi) & ORS

2018-05-03Hon'Ble Mr. Justice Vipin Sanghi,Hon'Ble Mr. Justice P.S.Teji2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1361/2018 RAJIV ..... Petitioner Through:

Mr. Mohan Lal Paliwal & Mr. M.K.

Sharma, Advocates.

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

Mr. Rahul Mehra, Standing Counsel, and Mr. Chaitanya Gosain, Advocate, along with SHO/ Inspector Jai Bhagwan & SI Ashwani Kumar, PSJyoti Nagar, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 03.05.2018 Crl. M.A. No. 8276/2018 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(Crl.) No. 1361/2018 The petitioner has preferred the present writ petition to seek a writ of Habeas Corpus for production of Pooja, whom he claims to have married on 14.04.2018. According to the petitioner, after the marriage, the said fact was informed by the petitioner and Pooja to respondent No.4, i.e. the mother of Pooja. Respondent No.5 Kapil had thereafter taken Pooja to her parental

home on the promise that she shall been seen off (Vidaai) as per social norms. However, respondents No.4 & 5 have not permitted Pooja to join the company of the petitioner.

Mr. Mehra has tendered a status report in Court, which is taken on record.

Pooja has been produced in Court along with her mother/ respondent No.4. We have interacted with Pooja, her mother as well as the petitioner in Chamber. Pooja states that though she is a major and had married the petitioner, but she does not wish to reside with him and that she wishes to reside with her mother.

Respondent No.4 has given an assurance to the Court that they shall deal with Pooja in a loving manner. She has also assured us and undertaken that they shall not get Pooja married to any person except with her consent. She shall be bound by this undertaking.

Since Pooja does not wish to join the company of the petitioner, no further orders are called for in the present petition. The petition stands disposed of in the aforesaid terms. Dasti.

VIPIN SANGHI, J P.S.TEJI, J MAY 03, 2018 B.S. Rohella