Dismissed

Tarsem Singh v. State of Punjab and Another

Punjab & Haryana HC18 Jan 2011CRWP/140/2011

Case brief

AI extract

What is this about?

This was an oral order dismissing a writ petition under Article 226 for Habeas Corpus. The Court held that the custody of the petitioner's wife by her father was not illegal. The Court directed the petitioner to approach the Family Court for restitution of conjugal rights, distinguishing this case from one involving illegal detention.

What did the court decide?

The writ petition was dismissed for lack of merit. The petitioner was advised to approach the Family Court for restitution of conjugal rights or file a complaint with the police.

Tarsem Singh Vs State of Punjab and Another — Matrimonial and Divorce | Punjab & Haryana HC (2011)

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CRWP No. 140 of 2011 -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRWP No. 140 of 2011

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Date of decision: 18.1.2011

Tarsem Singh

........ Petitioner

Versus

The State of Punjab and another

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........ Respondents

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CORAM: HON'BLE MR.JUSTICE JORA SINGH

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PRESENT: Mr. G.S. Kler, Advocate, for the petitioner.

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JORA SINGH, J. (ORAL)

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Tarsem Singh, preferred this writ petition under Article 226 of the Constitution of India, for issuance of a writ in the nature of Habeas Corpus, for release of detenue namely Babli, wife of the petitioner from the illegal and unlawful confinement, detention and custody of respondent No.2-Ram Sarup, father of detenue Babli.

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Allegation of the petitioner is that he is Jat Sikh and detenue Babli is Yadav by caste. Inter-caste marriage of the petitioner with Babli, was solemnized on 22.12.2010, at Balmiki Mandir, Sector 24-C, Chandigarh, as per Hindu Rites and Ceremonies. In the absence of petitioner, respondents came to the house of the petitioner and took away the detenue. Petitioner has received information from reliable sources that respondent No.2 is trying to re-marry the detenue to some third

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CRWP No. 140 of 2011

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-2-

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person against her wishes.

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I have heard learned counsel for the petitioner and carefully gone through file and of the opinion that there is no question of illegal detention by respondent No.2. Respondent No.2 is the father of Babli and at present Babli is staying with her father. If Babli is the legally wedded wife of the petitioner then remedy with the petitioner is to file petition for restitution of conjugal rights but without filing the petition for restitution of conjugal rights, present writ petition has been filed.

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Writ of Habeas Corpus is maintainable when the Court is the opinion that custody of detenue is illegal but in the present case custody of Babli is not illegal. She is residing with her parents. Dispute amongst the petitioner and Babli is matrimonial dispute so, efficacious remedy is with the petitioner to approach the Family Court by filing the petition for restitution of conjugal rights. In case the petitioner is not in a position to file petition for restitution of conjugal rights then he can file complaint before the concerned Police Station. In case complaint is filed then the same is to be disposed of within a period of one month by passing a speaking order by the SHO of the concerned Police Station.

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For the reasons recorded above, instant petition without merits is dismissed.

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(JORA SINGH) JUDGE

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January 18, 2011 rishu

Tarsem Singh v. State of Punjab and Another

Case brief

What is this about?

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Tarsem Singh v. State of Punjab and Another

Case brief

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