S Narender v. Ts

HON'BLE SRI JUSTICE SURESH KUMAR KAIT & HON'BLE SRI JUSTICE M.S.K. JAISWAL W.P. No. 298 of 2018 O R D E R:- (ORAL) (Per Hon'ble Sri Justice Suresh Kumar Kait) This writ petition is filed in the nature of writ of Habeas Corpus seeking direction to respondent Nos.6 to 8 to produce the petitioner's wife by name Madhuri Pratyusha who is in illegal detention before this Court and set her at liberty. In pursuance of the order dated 03.01.2018 passed by this Court, Madhuri Pratyusha is present in the Court. We have interacted with her who admitted that her marriage with the petitioner took place on 22.02.2016 and registered on 29.10.2016 but she submits that she is staying with her parents out of her wish and there is no coercion or pressure from anybody and at this stage she does not want to go to the matrimonial house.

The date of birth of Madhuri Pratyusha is 21.08.1997. She is major and she has every right to stay with whomsoever she likes. No Court can dictate terms to her to stay either with the husband or with the parents. Since she is staying with her parents out of her wish and will, this Court is not inclined to pass any further orders in this petition. Accordingly, the writ petition is closed as no further orders are necessary. No order as to costs.

SKK,J & MSKJ,J WP_298_2018 As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_____________________ SURESH KUMAR KAIT, J 05.01.2018 __________________ M.S.K. JAISWAL, J bcj