Satbir Singh vs State of Haryana and Others

Gurdev Singh, J.—Heard.

Petitioner, Satbir Singh, has filed this Criminal Writ Petition under Article 226 of the Constitution of India for issuance of writ in the nature of Habeas Corpus for the release of the detenue; namely, Prinayanka Kaushik, who according to him is in the illegal and unlawful detention of respondents No. 4 to 12.

According to the petitioner, the detenue was born on 14.2.1987 and is major. He was born on 2.7.1982 and they performed a valid marriage as they were in love from the last four years and her parents had refused to accede to their request for marriage. After the marriage, they resided together at Bhiwani. The parents of the detenue agreed for declaring their marriage with all pump and show and thereafter, as per their wishes, the detenue went to their house and did not join his society thereafter. He filed a petition u/s 9 of the Hindu Marriage Act, 1955, which was decided on the basis of their statements. Accordingly, the detenue came to his house on 24.12.2009. Though, her parents agreed to declare the solemnization of their marriage after the return of her father from Dubai, yet the same was not done. Her engagement with one boy from Hoshiarpur, without her consent, was fixed for 28.6.2010. On 27.6.2010, she came to him stealthly and her parents and brothers came there while armed with different weapons and threatened to kill both of them and they declared openly that they would not allow their Brahmin girl to marry a low caste Saini boy. Thereafter, they moved joint petition before this Court for issuance of a direction for protection of their lives and liberty and the same was accepted. After obtaining that order, they were leaving the Court premises, when he as badly beaten by respondents No. 4 to 12 and they kidnapped the detenue and since then she is coming in that illegal detention.

A prayer was made in the writ petition itself for the appointment of a Warrant Officer for getting the detenue released from the illegal detention of respondents No. 4 to 12. Accordingly, the Warrant Officer was appointed and was asked to make a detailed report if the detenue was being detained illegally and, if so, by whom. A direction was issued to the Warrant Officer to get her released if found to be in unlawful detention of any one.

The Warrant Officer has submitted his report. He has reported therein that he accompanied by the petitioner and the police, went to the house of the parents of the detenue and she was found present in that house. On being asked whether she was being detained illegally, she replied that she was residing there with her own will and nobody was detaining her illegally. Her statement was also recorded by the Warrant officer wherein she stated that she has no connection with the present petitioner and whatever was done by her, the same was done under the fear.

In these circumstances, it cannot be said that the detenue is being detained illegally by her parents or other private respondents. Therefore, no such direction for her release from alleged unlawful detention can be issued.

Writ petition is dismissed accordingly.