Dismissed

Gurjit Singh v. State of Punjab and Others

Punjab & Haryana HC6 Jan 2011CRWP/2479/2010

Case brief

AI extract

What is this about?

Appellant filed a writ praying for habeas corpus production of his wife, Gurpreet Kaur, detained by respondents 4 and 5 who are her second husband and father-in-law. The detenue refused to accompany the appellant, expressing desire to live with her second husband. No writ issued.

What did the court decide?

No writ in the nature of habeas corpus issued; liberty granted to petitioner to pursue other remedies for matrimonial dispute.

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

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Crl. W.P. No.2479 of 2010 -: 1 :-

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Writ Petition No.2479 of 2010 Date of decision: January 06, 2011.

Gurjit Singh

... Appellant(s)

State of Punjab & Ors.

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... Respondent(s)

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CORAM:

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Shri Baljinder Singh, Advocate, for the appellant(s). Shri B.S. Sra, Additional Advocate General, Punjab, for respondents No.1 to 3.

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Shri J.S. Dadwal, Advocate, for respondents No.4 & 5.

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Kanwaljit Singh Ahluwalia, J. (Oral):

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The present petition has been filed under Article 226 of the Constitution of India praying for issuance of a roving writ in the nature of habeas corpus for production of detenue, Gurpreet Kaur, alleged wife of the petitioner.

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A Coordinate Bench, on December 17, 2010, had passed the following order:-

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“ Learned Counsel for the petitioner contends that marriage of petitioner was solemnised with Gurpreet Kaur on 10.9.2010 and after marriage Gurpreet Kaur went to her parental home to meet her parents and from there she has been enticed by

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Crl. W.P. No.2479 of 2010 -: 2 :-

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respondents No.4 and 5 on 15.9.2010. Harvinder Kaur, mother of Gurpreet Kaur also got recorded FIR No.117 dated 20.9.2010 under Sections 363, 366-A, 120-B IPC at Police Station Julkan, district Patiala against respondents No.4 and 5 but no action has been taken on the same. Learned counsel further contends that detenue – Gurpreet Kaur is legally wedded wife of the petitioner and is in illegal custody of respondents No.4 and 5 and inspite of registration of said FIR, the police is not taking any action against them. Respondents No.4 and 5 also filed Crl. Misc. No.M-31581 of 2010 by misstating the facts, wherein, notice of motion has been issued and proceedings before the trial Court have been stayed on 27.10.2010.

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Notice of motion for 6.1.2011.

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Respondents No.4 and 5 along with detenue – Gurpreet Kaur are directed to remain present in Court on the next date of hearing. ”

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In pursuance thereof, Gurpreet Kaur, the alleged detenue, is present in Court. She has stated in categoric terms that she wants to live with Mandeep Singh @ Mannu, respondent No.4, with whom she has solemnized marriage according to her free will.

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Counsel for the petitioner states that the subsequent marriage between Gurpreet Kaur and Mandeep Singh @ Mannu – respondent No.4 is a void marriage as earlier the detenue was married with the petitioner and the marriage was solemnized with the consent of the parties and their parents.

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Crl. W.P. No.2479 of 2010 -: 3 :-

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Be that as it may, Gurpreet Kaur has stated that she wants to reside with her husband, respondent No.4, thus, no writ in the nature of habeas corpus can be issued and she cannot be compelled to accompany the petitioner. However, liberty is granted to the petitioner to avail appropriate remedy, as may be available in law, for determination of matrimonial dispute, if any.

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Petition stands disposed of.

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January 06, 2011. kadyan

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[ Kanwaljit Singh Ahluwalia ] Judge

Gurjit Singh v. State of Punjab and Others

Case brief

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Gurjit Singh v. State of Punjab and Others

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