W.P.(CRL)/2410/2024 of SMT HAZRA BEGUM Vs THE STATE NCT OF DELHI AND ORS.

*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 2410/2024

SMT HAZRA BEGUM.....PetitionerThrough:Mr. Murari Choudhary, Adv.

versus

THE STATE NCT OF DELHI AND ORS......RespondentsThrough:Mr. Sanjay Lao, Standing Counsel(Crl.) with Ms. Priyam Aggarwal &Mr. Abhinav Kr. Arya, Advs. forState.

CORAM:JUSTICE PRATHIBA M. SINGHJUSTICE AMIT SHARMAO R R%27.08.2024

1.This hearing has been done through hybrid mode.

2.The present petition under Article 226 of the Constitution of India readwith Section 482 of the CrPC has been filed seeking writ in the nature ofHabeas Corpus by the wife-Ms. Hazra Begum, seeking production of herhusband-Mohd. Aslam Khan who has abandoned her and their two children.

3.The case of the Petitioner is that she has filed maintenance petitionbearing No. Mt. No. 539/2019 under Section 125 of the Cr.P.C. seekingmaintenance. The said petition is stated to be pending before the learnedFamily Court, Tis Hazari Courts, however, the husband is not traceable. Sheonly had phone conversation with him.

4.However, in the previous order dated 8th August, 2024, theInvestigating Officer stated that the present petition is not maintainable as the

Petitioner is well aware of the fact that her husband is living in Gurugram andis working as tailor.

5.A Status Report dated 27th August, 2024 has been handed over in Courttoday as per which the husband of the Petitioner has been traced on the mobilenumber provided by the Petitioner. The husband informed the police that heis working in Gurugram, Haryana as tailor and according to him, in termsof order dated 8[th]August, 2024, his statement was also recorded. He furtherclaims that he is paying Rs. 7,000/- to the Petitioner as maintenance.

6.On query from this Court, as to when did he last pay the sum of Rs.7,000/- to the Petitioner, he states he had last paid during the Covid-19lockdown and thereafter, he has not paid.

7.He has also given the address where he is presently residing along withhis contact details, the same are as under:-

“AC Nagar Jhuggi, Neelam Bata Chowk,Ram Dharam Kanta,Faridabad (Gujar Chowk)M- [REDACTED].”

8.He has further undertaken to appear before the concerned Family Courtand pay the outstanding maintenance. He has been cautioned that he shouldensure that he would follow the orders passed by the Family Court, failingwhich the Court would be free to take coercive measures against him.

9.A copy of the petition i.e., Mt. Case No. 539/2019 has been suppliedto the husband who undertakes that he would appear before the said CourtNO.8, Tis Hazari Courts, Delhi, on 30[th]September, 2024.

10.The present writ petition is disposed of in these terms.

PRATHIBA M. SINGH, J.

AUGUST 27, 2024nk/ks

AMIT SHARMA, J.