Supreme CourtDivision Bench(1998) 09 SC CK 0121

Idrish Mohd. vs Memam and Another

Supreme Court Of India · Decided on 4 September 1998 · Citation: (2000) 10 SCC 333

HON’BLE JUDGES
S. S. M. Quadri, J · M. K. Mukherjee, J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 919 of 1998 (Arising out of SLP (Criminal) No. 1917 of 1998)

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Judgment

4 paragraphs · 208 words
1.

No one appears for the respondents even on second call. Leave granted. Heard the learned counsel for the appellant.

2.

Claiming himself to be the husband of Respondent 1 and alleging that she was wrongfully confined by her parents, the appellant filed an application under Article 226 of the Constitution of India in the High Court of Punjab and Haryana seeking directions for her production in court and handing her over to him.

3.

The High Court observed that it was not established that she was a major and that she was not willing to go to her parents. Accordingly, the High Court directed that Respondent 1 be kept in Nari Niketan, Karnal till any order is passed by any court of competent jurisdiction regarding her custody.

4.

From the documents filed by the appellant before us, the genuineness of which has not been disputed by the State by filing any counter-affidavit, we find that she has attained majority by now. She cannot, therefore, be kept detained against her wishes. The impugned order of the High Court also indicates that she is willing to go only with the appellant. We accordingly allow this appeal and direct the Authorities of Nari Niketan, Karnal to release Respondent 1 forthwith.