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High Court of DelhiW.P.(CRL)/1676/2018

Himanshu Sharma v. State (NCT Of Delhi)

2018-05-28Hon'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) 1676/2018 & CRL.M.A. 10408/2018 HIMANSHU SHARMA ..... Petitioner Through:

Ms. Ansha Varma, Advocate versus STATE (NCT OF DELHI) ..... Respondent Through:

Mr. Rahul Mehra, Standing Counsel, GNCTD with Mr. Chaitanya Gosain, Advocate with Insp. Nipum Kumar, PS Shakarpur

CORAM:

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

O R D E R

% 28.05.2018 Issue notice. Mr. Mehra accepts notice. The petitioner has preferred the present writ petition to seek a writ of habeas corpus for production of Sahina before this court, who is under the custody of respondent nos.2 and 3, her parents. The case of the petitioner is that he and Sahina are both major and they got married under the Special Marriage Act on 18.08.2017, since he is a Hindu by religion and Sahina is a Muslim. He submits that they stayed together between 20.11.2017 and 30.11.2017, whereafter the parents of Sahina i.e. respondent nos.2 and 3 were informed of the marriage.

The petitioner states that respondent nos.2 and 3 have taken away Sahina on the pretext of performing the formal functions, whereafter Sahina was to return to the petitioner. However, since that has not happened, the petitioner has preferred the present petition. The status report tendered in court is taken on record. Sahina is present in court with her parents. We have interacted with Sahina in chamber separately, as well as in the presence of the petitioner. Sahina states that she does not wish to return to live with the petitioner. In these circumstances, no further orders can be passed in the present petition.

The petition stands disposed of in the aforesaid terms. VIPIN SANGHI, J P.S.TEJI, J MAY 28, 2018 sr