Abhishek Khatri vs. The State (Govt. Of Nct Of Delhi) And Ors.
Original PDF →Facts
The Petitioner, Abhishek Khatri, filed a writ petition in the nature of Habeas Corpus seeking directions to trace and produce his wife, Respondent No. 5, who he alleged was in illegal detention by her father, Respondent No. 6. The Petitioner stated that he and Respondent No. 5 developed a cordial relationship, and they married on April 19, 2025. Subsequently, on April 29, 2025, Respondent No. 5's father allegedly threatened the Petitioner's father and forcibly took Respondent No. 5 without her consent. The Court issued notice on May 7, 2025. Respondent No. 5 was traced and produced before the Court on May 13, 2025.
Held
The Court held that the writ petition in the nature of Habeas Corpus had become infructuous. Respondent No. 5 was produced before the Court and interacted with. She stated that she had voluntarily gone to Chennai with her father and family members after her selection for the post of Inspector in the GST Department. Crucially, she explicitly stated that she did not wish to go back with the Petitioner and that her father had not exerted any pressure on her to break her relationship with her husband. Since the detained person was found and expressed her free will not to return to the Petitioner, the primary purpose of the Habeas Corpus petition was fulfilled, and no further action was required from the Court. The Court observed that nothing further survived in the writ petition.
Key Issues
1. Whether Respondent No. 5 is in illegal detention by Respondent No. 6, thereby warranting the intervention of this Court under Article 226 of the Constitution of India in the nature of a Habeas Corpus petition? Petitioner's Contention: The Petitioner argued that Respondent No. 5 was forcibly taken by her father without her wishes, indicating illegal detention. Respondents' Contention: The judgment does not record any specific arguments from the Respondents. However, Respondent No. 5, when produced before the Court, stated that she had gone to Chennai with her father and family members after being selected for the post of Inspector in the GST Department. She stated she was staying with her father and family in Chennai and did not wish to return to the Petitioner. She also stated her father had not exerted pressure on her to break her relationship with her husband.
Sections Cited
Article 226
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R %
2025 CRL.M.A. 14225/2025 Allowed, subject to all just exception(s). W.P.(CRL) 1533/2025 & FRESH CRL.M.A. _______(To be numbered)
The case has been listed for directions.
The present writ petition under Article 226 of the Constitution of India has been filed on behalf of the Petitioner in the nature of Habeas Corpus for a direction to the Respondents to trace and produce the Petitioner’s wife i.e., Respondent No.5 herein, who according to the Petitioner is in the illegal detention of her father i.e. Respondent No.6 herein.
The facts in brief are that the Respondent No.5 enrolled as a This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 00:58:10
student/member in the library of the Petitioner and she regularly visits the Petitioner’s library. It is stated that cordial and friendly relationship developed between the Petitioner and Respondent No.
It is also stated that on 19.04.2025, Respondent No.5 married the Petitioner at Arya Samaj Marriage Trust, Sector-18, Rohini, Delhi. It is stated that on 29.04.2025, father of Respondent No.5 came at the house of the Petitioner and threatened the father of the Petitioner and forcibly took Respondent No.5 without her wishes.
Notice in the instant Petition was issued by this Court on 07.05.2025. 5. The Respondent No.5 has been traced and produced before the Court today. We have interacted with the girl. She states that she had gone to Chennai with her father and other family members as she has been selected for the post of Inspector in GST Department. She states that for the present she is staying in Chennai with her father and other family members. She states that she does not want to go back with the Petitioner. She also states her father has not exerted any pressure on her to break her relationship with her husband.
Since the Respondent No.5 has been traced and she is not ready to go with the Petitioner, nothing survives in the instant Writ Petition.
With these observations, the Writ Petition is disposed of, along with the pending applications, if any.
The date already fixed i.e. 15.05.2025 stands cancelled. SUBRAMONIUM PRASAD, J HARISH VAIDYANATHAN SHANKAR, J MAY 13, 2025 RJ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 00:58:10
Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.