Anita Yadav vs Manas Roy & Ors
- SCC(2016) 15 SCC 639
Ratio decidendi
The rule this decision rests on
Once a person subject to a Habeas Corpus petition appears before the court and makes known their personal preference regarding their custody or residence, and files an affidavit supporting that preference, the court cannot issue further directions requiring them to appear again on allegations relating to matters such as marriage that do not go to the question of their liberty or personal freedom.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
ANITA YADAV ... Appellant(s)
Versus
MANAS ROY & ORS. ... Respondent(s)
ORDER
Leave granted.
These appeals are directed against the orders dated 16 th July, 2007 and
17th September, 2007 passed by the Delhi High Court in Writ Petition(Crl.)651/2007,
which was a Habeas Corpus petition. Pursuant to notice served on the father of the
appellant herein, the appellant appeared before the High Court in the Habeas Corpus
proceedings and personally informed the court that she was not willing to go back to
the respondent No.1 herein and that she wished to stay with her parents.
At that point of time, the parties in the Habeas Corpus petition were
served and there was no further reason
-2-
to continue to proceed with the writ petition. However, despite the above, the High
Court on 17th September, 2007 directed the father of the appellant to be present along with the appellant before the court on certain allegations made by the respondent No.1
herein that she was married to him.
We fail to understand how in a Habeas Corpus petition, such a direction
could have been given since the appellant had already appeared and had made her
preference known and had also filed an affidavit in which the case of the appellant
was supported.
In that view of the matter, the appeals are allowed and the impugned
orders of the High Court are set aside.
...................J. (ALTAMAS KABIR)
...................J. (CYRIAC JOSEPH)
New Delhi, May 12, 2009.
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