Delhi High Court
Keshav Kumar vs The State & Ors. on 10 January, 2022
#S-28
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 10.01.2022
W.P.(CRL) 835/2021 & CRL.M.A. 10260/2021 (For Direction)
KESHAV KUMAR ..... Petitioner
versus
THE STATE & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Jaspreet Singh, Mr. Ishpreet Singh & Mr.
Gurbachan Singh, Advocates along with the
petitioner.
For the Respondents : Mr. Sanjay Lao, Standing Counsel (Criminal) along
with Mr. Karan Jeet Rai Sharma, Advocate for the
State along with SHO Ajay Sharma, P.S.: Najafgarh.
Mr. Gaurav Gaur, Mr. Rohit Sehgal, Mr. Avinash
Mishra and Mr. Vivek Gaur, Advocates for R-2 with
Mr. Mahesh Pandey, R-2.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT - VIDEO
CONFERENCING)
1. The present writ petition under Article 226 of the Constitution of
India was instituted on behalf of Mr. Keshav Kumar, seeking a writ of
habeas corpus directing the official respondents to produce his legally
wedded wife, Ms. Shivangi, before this court. It was the petitioner's
case that Ms. Shivangi had been detained illegally and against her will
at Nirmal Chhaya Complex, Jail Road, Hari Nagar, New Delhi, on the
basis of directions issued by the concerned Child Welfare Committee
(CWC).
2. The solitary issue that arose for consideration in the present petition
before this court was with respect to Ms. Shivangi's date of birth; and
consequently her age, so as to decide if she could legally be married
and live with the petitioner. After numerous hearings, whereby
directions were issued to the Delhi Police to conduct an enquiry into
Ms. Shivangi's date of birth, it has now emerged from status report
dated 27.12.2021 filed by Inspector Ajay Sharma, P.S.: Najafgarh,
that Ms. Shivangi is the eldest of five children (four daughters and
one son) of Shri Mahesh Pandey and Smt. Radha Devi Pandey. A
purposive reading of the said status report further indicates that Ms.
Shivangi was admitted to the Government Primary School, Salempur
Pandey, District Basti, Uttar Pradesh on 14.09.2007. The report of
the Headmaster of that school, as well as the copy of the subject
admissions register, which are annexed with the status report, clearly
reflect that as per the records of the school first attended, Ms.
Shivangi's date of birth is 13.07.2001.
3. In view of the foregoing, it is axiomatic that Ms. Shivangi had
already attained majority on 03.01.2021, the date on which she is
stated to have got married to the petitioner.
4. Ms. Shivangi, who has been produced before this court on several
occasions earlier, when we have also interacted with her, has been
produced before this court again today through video-conferencing
by SHO Ajay Sharma, P.S.: Najafgarh.
5. Ms. Shivangi states that she married Mr. Keshav Kumar on
03.01.2021 at Riga Shiv Mandir, P.S.: Riga, District Sitamarhi,
Bihar, according to Hindu rites and ceremonies, had been living with
the latter peacefully, till the time she was forcibly brought back to
Delhi by officers of P.S.: Najafgarh pursuant to registration of an
F.I.R. into her alleged disappearance by her father, Shri Mahesh
Pandey.
6. Subsequently, Ms. Shivangi was housed at the Nirmal Chhaya
Complex, Jail Road, Hari Nagar, New Delhi by the Delhi Police,
pending investigation into her date of birth.
7. Now, as earlier, before this court, Ms. Shivnagi expresses her desire
to join Mr. Keshav Kumar, her legally wedded husband and live with
him of her own free volition at their matrimonial home at RZA-81-C,
Jai Vihar, Najafgarh, Delhi.
8. Shri Mahesh Pandey, who is also present before us in today's
proceedings, states and undertakes not to object to the wishes and
free will expressed by his daughter, in light of the aforementioned
circumstances. We take on record and accept the statement and
undertaking offered by Mr. Pandey.
9. Resultantly, the present habeas corpus petition is allowed.
10. The Delhi Police are directed to ensure that Ms. Shivangi is released
from Nirmal Chhaya Complex, Jail Road, Hari Nagar, New Delhi
along with her belongings and personal effects, forthwith.
11. Ms. Shivangi shall be at liberty to live with her husband, Mr. Keshav
Kumar, as desired by her.
12. No further directions are called for in the matter.
13. With the above directions, the writ petition is disposed of. The
pending application also stands disposed of.
14. A copy of this order be provided by e-mail to learned counsel
appearing on behalf of the parties, as well as to the SHO of the
concerned Police Station for information and compliance; and be also
uploaded on the website of this court.
SIDDHARTH MRIDUL
(JUDGE)
ANUP JAIRAM BHAMBHANI
(JUDGE)
JANUARY 10, 2022/rs
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