NEETU SINGH Vs. STATE

JUDGEMENT

(1.) In the instant case the petitioner was directed to be released in the custody of her husband, Sh. Kartar Singh, by the order of this Court dated 16/10/1998 and this judgment records the reasons in support of the order dated 16/10/1998.

(2.) This writ petition challenges the detention of the petitioner in Nari Niketan, Nirmal Chhaya, Delhi as per the order of respondent No. 2, the learned Metropolitan Magistrate, Shahdara, Delhi. The petitioner's case is that she married one Shri Kartar Singh on 2/11/1997, and the marriage was registered on 12/11/1997, with the Registrar of Hindu Marriages, Bulandshahar, Uttar Pradesh. Upon opposition from the mother of the petitioner, (the father being deceased), the petitioner left her mother's house of her free will. However, the mother lodged a complaint against the petitioner's husband, Kartar Singh, leading to registration of an FIR No. 748 of 1997 under Section 363 of the Indian Penal Code of Police Station Bhajanpura, Delhi.

(3.) The husband of the petitioner, Kartar Singh, was thereafter granted anticipatory bail by the learned Additional Sessions Judge, Shahdara, Delhi on 27/11/1997 and subsequently the petitioner was taken into custody by the police. The petitioner was thereafter, taken to the hospital for medico-legal examination where the doctor advised the ossification test for determination of the age of the petitioner but the investigating officer did not get the ossification test done and on 17/1/1998, the petitioner was directed to be sent to the Nari Niketan by an order passed by the Metropolitan Magistrate, Shahdara, Delhi.