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High Court of DelhiW.P.(CRL)/1384/2018

Satyendra v. Govt Of NCT Of Delhi

2018-05-04Hon'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) 1384/2018 SATYENDRA ..... Petitioner Through:

Mr. Arpit Batra, Ms. Abhilasha, Ms. Shikha Sharma and Mr. Yash Karan Jain, Advocates versus GOVT OF NCT OF DELHI ..... Respondent Through:

Mr. Rahul Mehra, Standing Counsel, GNCTD with Mr. Chaitanya Gosain, Advocate and with Inspector Sanjay Kumar, SI Amar Singh, PS - Saket

CORAM:

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

O R D E R

% 04.05.2018 CRL.M.A. 8411/2018 (Exemption) Exemption allowed subject to just exceptions. Application stands disposed of accordingly.

W.P.(CRL) 1384/2018 Issue notice.

Mr. Rahul Mehra, Standing Counsel, GNCTD accepts notice. He has tendered the status report in Court, which is taken on record. The petitioner has preferred this petition to seek a writ of habeas corpus for production of his wife - Hemlata. The petitioner submits that he had married with Hemlata on 17.07.2005. Out of the wedlock, two children

have been born. On 09.04.2018, after some heated arguments, Hemlata left the matrimonial home and since then she is missing. As per the status report, Hemlata was located on the basis of the mobile phone being used by her which belongs to one - Pawan. Hemlata has given her statement to the SHO, PS - Saket, wherein she has stated that she left her matrimonial home out of her own free will on account of matrimonial dispute between the couple. She stated that she is residing out of her free will at Gurgaon and she does not wish to disclose her residential address. She has stated that she does not desire anything from her husband. Hemlata is present in Court. We have interacted with Hemlata as well as the petitioner in Chamber. We have also interacted with the two minor children who were brought directly from the school to the Court in the afternoon.

Hemlata has again reiterated her position that she does not wish to reside with the petitioner. In view thereof, no further orders are called for, in the present petition.

The same stand disposed of.

VIPIN SANGHI, J P.S.TEJI, J MAY 04, 2018 PB