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Judgment
The instant writ petition under Article 226 of the Constitution of India has been filed seeking therein the following reliefs:
In the nature of Habeas Corpus, directing the respondent state authorities to cause production and release of the petitioner's legally wedded wife (respondent 4) who is being illegally detained by her uncle (Respondent No. 5);
Declaring the petitioner's legally wedded wife (respondent 4) detention as illegal and unconstitutional;
Directing upon production of the petitioner's legally wedded wife (respondent 4) to be released and set her at liberty;
For any other appropriate relief(s) to which the petitioner is found to be entitled to in the facts and circumstances of this case as also to do conscionable justice to the petitioner.
The matter was taken up on 14.05.2026 and on that day the following order was passed by this Court:
“Order No.03/Dated: 14th May, 2026
1.Mr. Karamjit Singh Chhabra, the learned counsel appearing for the petitioner has submitted that the defects as pointed out by the Registry have been removed.
2.Office to check and proceed accordingly.
3.The learned counsel appearing for the State has produced the documents in two sealed cover which have been opened in the Court.
4.In one sealed cover, the statement of Prachi Kumari, who is the sister of the Corpus (Khushi Kumari) is there recorded on 12.05.2026 by Phulmani Kumari, Assistant Sub-Inspector of Police, Mahila Police Station, Sakchi with the statement of Vikash Kumar Pandey, who is uncle of the Corpus (Khushi Kumari), recorded on 12.05.2026 by Hemkishore Gupta, Sub-Inspector of Police, Telco Police Station, Jamshedpur.
5.In another sealed cover, the statement of Corpus (Khushi Kumari) is there which has been recorded on 12.05.2026 by Rupa Paul, Sub-Inspector of Police, Mahila Police Station, Sakchi.
6.The Corpus (Khushi Kumari) has been produced in the Court by one lady Constable, namely, Arsu Tudu, Constable No.146.
7.The Corpus (Khushi Kumari) has stated that she being a major has made statement before Sub-Inspector of Police, Mahila Police Station, Sakchi on 12.05.2026 stating that she intends to live with her husband (the petitioner herein) with whom she has solemnized marriage. She has stated that she is willing to go with her husband at his work place at Kharagpur which falls within the Kharagpur Town Police station on the following address:
Karida Main Road, Kharagpur, P.O-Karida, P.S: Karida, Kharagpur, West Bengal.
Mobile No.8709022853.
8.Since the Corpus (Khushi Kumari) is a major and, as such, she is free to live with her husband (the petitioner herein) or to go to her rental house. In case, if she desires to go with the petitioner, it will be the sole accountability of the petitioner to keep her well.
9.It has been informed by the petitioner that one complaint has been lodged against the uncles of Corpus, namely, Vikash Kumar Pandey and Prakash Kumar Pandey levelling allegation against them that they are not allowed the Corpus to live with him together.
10.Such fact has been disputed by the Corpus (Khushi Kumari) in her statement recorded on 12.05.2026.
11.Upon this the petitioner, namely, Balbir Singh has stated that he will withdraw the said complaint within a day or two as appended as Annexure-3 to the present writ petition.
12.Let him do so.
13.It is needless to say that in case the Corpus (Khushi Kumari) will go to her husband’s place and if she shows her willingness to go to her parental house, then her husband (the petitioner herein) will not create any hurdle.
14.Let the Corpus and the petitioner along with her uncles, namely, Vikash Kumar Pandey and Prakash Kumar Pandey with the mother of the Corpus appear on the next date of hearing.
15.The S.P, West Singhbhum will ensure the production of the aforesaid persons on the next date of hearing.
16.List this matter on 27.07.2026.
17.Constable No.146, namely, Arsu Tudu who is present in the Court with the Corpus (Khushi Kumari) to resume her duty.
18.Let the statements of the Corpus, her sister and her uncle be kept in the sealed cover on the record.
19.Let this order be communicated to the S.P, West Singhbhum through the learned State counsel.”
The reference is of not allowing the Corpus to live with the petitioner with whom she has solemnized marriage and, on such allegation, a complaint has been made against the uncles of the Corpus, namely, Vikash Kumar Pandey and Prakash Kumar Pandey.
The petitioner and Corpus as also the mother and both the uncles of the Corpus are present in the Court as per the reference made in para-14 of the of the order dated 14.05.2026.
The Corpus is living with the petitioner with whom she has solemnized marriage. The Corpus has stated that she is living happily with the petitioner by leading a married life with the petitioner having no grievance at all.
So far as the issue of making complaint by the petitioner is concerned, one application has been made to the Officer-in-charge, Telco PS, Jamshedpur, Jharkhand on 15.05.2026 stating therein that the complaint which has been made earlier by him against the uncles of the Corpus may not be proceeded.
A copy of the receipt of the said application dated 15.05.2026 has been placed by Mr. Indranil Bhaduri, the learned counsel representing the State.
Taken on record.
The learned counsel appearing for the petitioner, in view of the aforesaid, has submitted that the instant writ petition may be disposed of as it has become infructuous.
Accordingly, the instant writ petition stands dismissed having been rendered infructuous and disposed of.
Pending I.As, if any, stands disposed of.