RAVISH BENIWAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petition has been preferred by the petitioner under Article 226 of the Constitution of India seeking issuance of a writ in the nature of Habeas Corpus directing the respondent Nos.2 & 3 to produce daughter of the petitioner from the custody of respondent Nos.4 & 5.

(2.) Petitioner got married to respondent No.4 on 31/1/2009 and out of the said wedlock, a baby girl was born. Thereafter, in June, 2018, respondent No.4 and their daughter wilfully left the matrimonial home. The petitioner got to know that on 12/1/2024, the respondent No.4 has absconded with one Himanshu Goyal leaving behind her daughter for which a complaint vide DD No.107 dtd. 13/1/2024 has been lodged at Police Station Palam Village by respondent No.5 who is father of the wife of the petitioner. The petitioner has no information about whereabouts of his daughter since 16/2/2024. Hence, the present petition has been filed.

(3.) Pursuant to order dtd. 21/3/2024, the daughter of petitioner Tarusha along with her grand-father, i.e. respondent No.5, is produced in Court today. Such daughter submits that she was born on 28/2/2024 and presently studying in 10th Standard in Kendriya Vidyalaya at New Delhi. She further submits that in the month of June, 2018, she and her mother left the house of petitioner and thereafter, they have been continuously staying with her grand-parents (nana -nani). She also submitted that her father used to use abusive language against her mother.