2009 INSC 1169
                                        SUPREME COURT OF INDIA

                                                     Anita Yadav

                                                           Vs.

                                                      Manas Roy

                                          Crl.A.Nos.1010-1011 of 2009

                                     (Altamas Kabir and Cyriac Joseph JJ.)

                                                      12.05.2009

                                                       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 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.