W.P.(CRL)/728/2025 of SH. AAKASH Vs STATE NCT OF DELHI & ORS.

*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 728/2025 & CRL.M.A. 6711/2025

SH. AAKASH

.....Petitioner

Through:Ms.InduBhushanVimal,Mr.Kushank Mittal, Mohd. Haroon &Mr. Harjeet Haroon & Mr. Rajan,Advs.

versus

STATE NCT OF DELHI & ORS.

.....Respondents

Through:Mr. Sanjay Lao, Standing Counsel(Crl.) with Ms. Priyam Aggarwal &Mr. Abhinav Kumar Arya, Advs. withInsp. S.P. Samaria, PS Prem Nagar.

CORAM:JUSTICE PRATHIBA M. SINGHJUSTICE RAJNEESH KUMAR GUPTAO R R%03.03.2025

1.This hearing has been done through hybrid mode.

CRL.M.A. 6711/2025 (for exemption)

2.Allowed, subject to all just exceptions. Application is disposed of.W.P.(CRL) 728/2025

3.The present petition has been filed by Petitioner-Aakash under Article226 of the Constitution of India read with Section 528 of BharatiyaNagrikSuraksha Sanhita seeking issuance of writ in the nature of habeas corpusfor the production of his wife.

4.It is the case of the Petitioner that he had got married on 3[rd]January,2025 at Arya Samaj Vedic Sanskar Trust at Tis Hazari. Thereafter, however,the family of the girl on the same day appears to have come to the residenceof the Petitioner and taken her away. Thus the Petitioner has filed the

present petition.

5.Today, Mr. Sanjay Lao, Standing Counsel (Crl.) submits that the girlis present in Court. In the first call, accordingly, the girl was permitted tospeak to the Petitioner. After Passover, the girl has made it clear to thePetitioner that she does not wish to accompany him and that she wishes toreside with her family.

6.On query from the Court, she submits clearly that though she hadgot married on 3[rd]January, 2025, she no longer wishes to be with thePetitioner and she wants to live with her family. She also submits that shehas filed petition for divorce in Ratia, Haryana.

7.The girl is 21 years old and is major. In view of her clear standbefore the Court, no orders can be passed in the present petition as the girlhas expressed her wishes to Petitioner.

8.It is made clear that neither family members shall make any threats orallegations against each other. The girl’s parents are also stated to be presentin Court premises. Accordingly, the IO shall impress upon them they shallnot make any threatening calls to the Petitioner.

9.Petition is disposed of in these terms. All pending applications, if any,are also disposed of.

PRATHIBA M. SINGH, J.

MARCH 3, 2025

Rahul/Ar

RAJNEESH KUMAR GUPTA, J.

This is digitally signed order.