Mohd Umair vs The State (N.C.T.) Delhi & Ors.
2021 Latest Caselaw 890 Del

                          $~S-20


                             IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                              Judgment Delivered On : 16.03.2021
                          W.P.(CRL) 573/2021
                          MOHD. UMAIR                                                ..... Petitioner
                                                       versus
                          THE STATE (N.C.T.) DELHI & ORS.                            ..... Respondents
                          Advocates who appeared in this case:
                          For the Petitioner  : Mr. Mohd. Sulaman Khan, Advocate

                          For the Respondents   : Mr. Chaitanya Gosain, Mr. Amanpreet Singh and Mr. Anand

                                                Thunbayil, Advocates for Mr. Rahul Mehra, Standing Counsel
                                                (Criminal) and Inspector Sanjeev Verma (SHO), S.I. Ram
                                                Niwas and W/S.I. Kiran, P.S.: Chandni Mahal for R-1 to R-4

                                                Mr. Sanjay Sharma, Mr. Karan Sachdeva and Ms. Richa

                                                Sharma, Advocates for R-5

                          CORAM:
                          HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                          HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI


                                                       JUDGMENT

SIDDHARTH MRIDUL, J (OPEN COURT)

CRL.M.A.4151/2021 (Exemption)

Exemption granted, subject to just exceptions.

The application is disposed of accordingly. Signature Not Verified Digitally Signed

Signing Date:18.03.2021 12:54:11 W.P.(CRL) 573/2021 & CRL.M.A.4150/2021 (Interim Directions)

1. The present habeas corpus petition under Article 226 of the

Constitution of India read with Section 482 of the Code of Criminal

Procedure, 1973 has been instituted on behalf of Mohd. Umair, the

petitioner herein, essentially seeking a direction to the official

respondents to produce his legally wedded wife Ms. Tooba Kamal

before this Court.

2. Ms. Tooba Kamal is present in Court today along with her

parents, namely Mr. Kamal Nadeem (father), who is respondent No.5

herein, and Ms. Noorafsa (mother). We have interacted with all

concerned parties.

3. Ms. Tooba Kamal has expressed the desire to reside at her

matrimonial home at 2629 Gali Badliyaan, Choori Walan, Jama

Masjid, Delhiwith her husband Mohd. Umair, whom she is stated to

have married on 30.09.2019.

4. Mr. Kamal Nadeem and his wife Noorafsa state that they have

no objection if their daughter, who attained the age of majority on

21.07.2018, resides with her legally wedded husband Mohd. Umair.

5. In view of the foregoing, the present habeas corpus petition is

allowed. Ms. Tooba Kamal is at liberty to reside with her husband

Mohd. Umair, as expressed by her.

Signature Not Verified Digitally Signed

Signing Date:18.03.2021 12:54:11

6. Inspector Sanjeev Verma, SHO P.S.: Chandni Mahal, who is

present in Court today, is directed to ensure the safe passage of the

young couple to their matrimonial homeforthwith.

7. No further directions are called for in the present matter.

8. With the above directions the writ petition is disposed of. The

pending application also stands disposed of.

SIDDHARTH MRIDUL (JUDGE)

ANUP JAIRAM BHAMBHANI (JUDGE)

MARCH 16, 2021/dn

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Signature Not Verified Digitally Signed

Signing Date:18.03.2021 12:54:11