05 September, 2007

Cops present wrong 'wife' in Delhi HC

29 Aug 2007, 0408 hrs IST,TNN The Times of India
NEW DELHI: The Delhi police faced an embarrassment in the Delhi HC on Monday after they produced a woman in a matrimonial dispute who was not the petitioner's wife. The confusion arose due to two petitioners with similar sounding names, both involved in a matrimonial dispute and both of whom had filed habeas corpus petitions. While one petitioner's name was Suresh Kumar Chand the other was Suresh Kumar. The police produced Suresh Kumar's wife when the petition of Suresh Kumar Chand was being heard. While the woman in the court refused to identify Suresh Kumar Chand as her husband, the court felt that she was refusing to identify her husband out of fear and kept encouraging her to speak the truth. Yet the woman stuck to her statement. The mistake came to light only after the counsel for the petitioner Suresh Kumar Chand, following client's instruction, pointed out to the Bench comprising Chief Justice M K Sharma and Justice Sanjeev Khanna that the woman produced by the police in the case was different from his wife. Later, the woman confirmed the fact to the Bench. The woman, married to Suresh Kumar, denied being married to Suresh Kumar Chand, who was present in the Court to contest the legal battle. Realising there was a confusion on part of the police as far as names of two different petitioners were concerned, the Bench let off the cops after satisifying itself with the bonafides of the woman. The woman was actually supposed to be produced in the court in connection with another matrimonial dispute filed by Suresh Kumar. Interestingly, the police had wrongly filed the status report of Suresh Kumar's case with the present habeas corpus petition filed by Chand. Directing the police to cancel the status report, the Bench asked the police to attach the report in the appropriate case file.
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