Dheer Singh vs State of Rajasthan and Others

The Deputy Superintendent of Police, Anoopgarh was directed to send the corpus Surjeet Kaur to Nari Niketan with assistance of lady constable and produce the corpus before this Court on 24.02.20 10. Today, in compliance of the said order dated 22. .02.2010, Deputy Superintendent of Police, Anoopgarh has produced the corpus Surjeet Kaur before the Court.

Counsel for respondent No. 3 has produced on record certificate issued by the municipality, Anoopgarh, by which, survey was conducted for issuing ration- cards, in which, the age of the corpus Surjeet Kaur has been shown as 11 years in the year 2002. Further, he has produced the marriage-certificate issued by Vivek Ashram dated 05.10.2009 along with ration-card issued in the year 1998 and submits that corpus Surjeet Kaur is 19 years of age and she has got married with Mastan Singh s/o Mahendra Singh on 03.09.2009 and he has also submitted the marriage album containing photographs of marriage; and, prayed that the corpus Surjeet Kaur is major and, with her consent, marriage was solemnised on 03.09.2009, therefore, this habeas corpus petition may be dismissed.

We have ascertained the consent of corpus Surjeet Kaur who has been produced by the Deputy Superintendent of Police, Anoopgarh, in the presence of petitioner Dheer Singh s/o Pyara Singh, who is father of the corpus, and mother of corpus Surjeet Kaur who are both present in the Court.

It is submitted by corpus Surjeet Kaur also that she is 19 years of age and after her marriage on 03.09.2009 with Mastan Singh, she is living with her husband Mastan Singh of her own free will and does not want to go with her parents.

Upon consideration of the documents produced by counsel appearing for respondent No. 3 and, so also, desire expressed by corpus Surjeet Kaur in the Court in presence of her parents, we are of the opinion that since the corpus is major and has got married with Mastan Singh on 03.09.2009 of her own free will, therefore, as per her statement in the Court, obviously she is living with Mastan Singh as his wife of her own volition and no interference by this Court is required in this matter.

In this view of the matter, we find no case of illegal detention of the corpus Surjeet Kaur in this matter.

Consequently, this habeas corpus petition filed by petitioner Dheer Singh, father of corpus Surjeet Kaur is hereby dismissed. The Deputy Superintendent of Police, Anoopgarh shall hand over custody of the corpus Surjeet Kaur, as per her desire, to respondent No. 3 Mastan Singh s/o Mahendra Singh, r/o Chak 6K, Tehsil Anoopgarh (District Sriganganagar) and place on record of this file certificate to this effect.