Filing a writ under Article 226 for habeas corpus regarding Neetu's alleged illegal detention by parents. The court heard the detenue who wished to return to her husband, dismissing the petition and ordering police to hand her over.
Petition disposed of; police official ordered to hand over the detenue to the petitioner forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
131
CRWP-1160-2021 Decided on : 12.03.2021
Kuldeep
. . . Petitioner(s) Versus
State of Haryana and others
. . . Respondent(s)
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
(Through Video Conferencing)
PRESENT: Mr. Parminder Singh, Advocate for the petitioner(s).
Mr. Rajiv Goel, DAG, Haryana assisted by IO Surinder Kumar. ****
MANJARI NEHRU KAUL, J. (Oral)
The instant petition has been filed under Article 226 of the Constitution of India, inter alia for issuance of a writ in the nature of Habeas Corpus with the direction to the official respondents to produce the detenue namely Neetu wife of Kuldeep d/o of Khanga Ram, who has illegally been detained by the parental relatives through respondent No.3.
In compliance to the order dated 09th February, 2021, of this Court, the alleged detenue – Neetu, has appeared through virtual mode before this Court. This Court has engaged with her at considerable length. The detenue specifically submitted that she would like to return to the petitioner with whom she had solemnized marriage on 28th December, 2020. She has further submitted that the allegations of she having been illegally detained by her parents was factually incorrect and in fact, she had gone of her own accord to her parents. She has also submitted that once her parents were apprised about her marriage with the petitioner, she was duly sent back
JAWALA RAM 2021.03.12 16:13 I attest to the accuracy and authenticity of this document Chandigarh
CRWP-1160-2021
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by them.
In the facts and circumstances of the case and keeping in view the statement made by the detenue in Court today, no further action in the matter is warranted, therefore, the instant petition stands disposed of accordingly.
However, the police official, who has produced the detenue before this Court through video conferencing, shall hand over the alleged detenue to her husband i.e. the petitioner forthwith.
(MANJARI NEHRU KAUL) JUDGE
March 12, 2021
J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
JAWALA RAM 2021.03.12 16:13 I attest to the accuracy and authenticity of this document Chandigarh
3 issues framed by the court
Whether a habeas corpus petition can be disposed of without further inquiry based on the determined wishes of the alleged detenue.
Whether the petitioner is entitled to the immediate custody of his wife after she expressed a desire to return to him.
Whether the allegations of illegal detention by the parents are sufficient to sustain the petition despite the detenue's statement.
1 provisions across 1 enactments
Kuldeep
State of Haryana
Neetu
Manjari Nehru Kaul
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
