Kavi Ram vs State Of H.P. & Others

Anoop Chitkara, J

The husband has come up before this Court by way of Habeas Corpus seeking production of his wife.

Pursuant to our notice, the State has filed written instructions, which is placed on record. A perusal of the instructions reveal that the wife of the

petitioner had earlier also voluntarily gone with a suspect in the years 2017-2018 and consequent to that in the year 2017 she has entered into a

compromise with her husband that she had voluntarily gone of her own and promised not to go with the same person again. In the year 2018, she

again voluntarily accompanied with the same person and with the intervention of Sub Divisional Magistrate (Rural), Shimla, she made a statement that

she had voluntarily accompanied with the said suspect and further stated that she had gone on her own and had not done anything wrong. She further

stated that she does not want to reside with her husband. After that she was kept by her parents. The status report further reveals that the wife of the

petitioner has made a WhatsApp video call from the phone of the suspect and in the said call, she stated that she had voluntarily accompanied the

suspect and wants to stay with him. She further stated that she is safe and she does not want to stay with her husband (Kavi Ram). The status report

further reveals that the said call was made through Internet and as such the police was unable to trace its location.

In the light of the status report placed on record before this Court, we are not inclined to interfere with the petition, and the same is dismissed, with

liberty to the petitioner to pursue his remedies, if any, at appropriate Forum/court of law.