Dismissed

Ajit Singh v. State of Punjab and Ors.

Punjab & Haryana HC17 Sept 2009CRWP/953/2009

Case brief

AI extract

What is this about?

This was a habeas corpus petition by a husband seeking release of his wife from private custody. The wife appeared, identified by the petitioner, and stated voluntarily living with her parents and that the marriage was forced, resulting in the petition's dismissal.

What did the court decide?

Petition for habeas corpus dismissed; petitioner's claim for wife's release rejected.

Ajit Singh Vs State of Punjab and Ors. — Matrimonial and Divorce | Punjab & Haryana HC (2009)

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶2

Criminal Writ Petition No. 953 of 2009 Date of decision : September 17, 2009

Ajit Singh

....Petitioner

versus

State of Punjab and others

¶7

....Respondents

¶8

Coram: Hon'ble Mr. Justice L.N. Mittal

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Present : Mr. AS Manaise, Advocate, for the petitioner

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Mr. Gaurav Garg Dhuriwala, AAG Punjab for respondent nos. 1 to 3

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Mr. MDS Gill, Advocate for respondent nos. 4 to 7

¶12

L.N. Mittal, J. (Oral)

¶13

Ajit Singh has filed this writ petition under Article 226 of the Constitution of India for issuance of writ of habeas corpus for release of alleged detenue Amandeep Kaur from the illegal custody of private respondent nos. 4 to 7, who are parents, brother and uncle of the alleged detenue. The petitioner alleged that the alleged detenue Amandeep Kaur is his wife and has been illegally detained by the private respondents.

¶14

Reply on behalf of respondent nos. 1 to 3 filed today in Court by learned State counsel is taken on record. Copy given to the opposite counsel.

¶15

Amandeep Kaur is present in person and has also been identified by petitioner himself who is also present in person. Affidavit of

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Criminal Writ Petition No. 953 of 2009

¶17

-2-

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Amandeep Kaur filed today in Court is taken on record. Separate statement of Amandeep Kaur has been recorded. She has stated that she is living with her parents i.e. respondent nos. 4 and 7 of her own free will and she wants to continue to live with them. She has also stated that she does not want to live with the petitioner. In the affidavit of Amandeep Kaur, it has interalia been affirmed that the petitioner along with some other persons kidnapped her in a car and forcibly and under threat solemnized marriage of petitioner

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with her and she was also raped by the petitioner. On getting opportunity, she escaped from captivity and went to her parental home.

¶20

In view of the aforesaid, the instant writ petition is dismissed.

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September 17, 2009 ' dalbir'

Ajit Singh v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Ajit Singh v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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