High CourtsDivision Bench(2022) 07 SHI CK 0016

Arun Kumar vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 12 July 2022

HON’BLE JUDGES
Sabina, J · Satyen Vaidya, J
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 5 Of 2022

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Judgment

10 paragraphs · 203 words

Sabina, J

1.

Petitioner has filed the habeas corpus petition under Article 226 of the Constitution of India, seeking following relief:-

“It is, therefore, respectfully prayed that the present petition may kindly be allowed and a writ of habeas corpus may kindly be issued directing the respondents to recover and produce wife of petitioner Ms. Neha daughter of Shri Ajay Chaudhary in the Court.”

2.

Learned counsel for the petitioner has submitted that the petitioner and detenue have performed marriage on 15.4.2022. However, now the detenue has been forcibly detained by respondents No. 5 and 6 against her wishes.

3.

Notice of the petition was issued to the respondents.

4.

Today, detenue Ms. Neha has been produced in the Court.

5.

Detenue has stated that she has performed marriage with the petitioner of her own free will and she wants to accompany the petitioner and live with him as his wife.

6.

Since detenue is a major and has performed marriage with the petitioner of her own free will and she wants to accompany the petitioner, she is permitted to accompany the petitioner from the Court premises itself.

7.

Petition stands disposed of accordingly.

8.

Pending applications, if any, stand also disposed of.