Final Order 3

Order Details: COPY OF ORDER
Pdf Text: 2/2023 KUNWAR SAMSHUL HASAN Vs. STATE 00 /2023 (AMAN
04.02.2023
Present: Applicant with Ld counsel.
IO in person.
Alleged/Abductee Ms Sabnam Bano along with her children present
through VC.
IO has produced the alleged/abductee Ms Sabnama Bano in terms of
last order through VC.
Upon inquiry, Ms Sabnam Bano has stated that she has gone to her
paternal home as her inlaws used to beat and torture her. It is further submitted that
she did not go voluntarily rather she was compelled to leave her matrimonial home.
It is also submitted that she does not want to live with her husband/applicant.
Ld counsel for applicant submits that names of children will be struck
off from the roll of the school and accordingly, it be directed that children shall
come back to Delhi.
The present applicant/complaint has been filed u/s 97 & 98 CrPC to
restore the abductees (wife and children of the applicant) and it is alleged that
respondent/accused No. 2 & 3 have illegally and wrongfully confined the wife as
well as children of the applicant.
However, upon inquiry, it is clear that matrimonial dispute is going on
between the parties and allegations of illegal and wrongful confinement is/are not
made out. The wife of the applicant has not gone to her paternal home voluntarily
due to matrimonial dispute. Accordingly, the present application/complaint stands
dismissed.
File/application be consigned to record room.
Applicant is at liberty to avail the remedies available as per law.
Copy of this order be given dasti to applicant.
(Navdeep Gupta)
MM06/NW/RC/Delhi/04.02.2023
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