Jeetu v. State Of Haryana And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.265 Case No. : CRWP-895-2023 Date of Decision : February 20, 2023 Jeetu ....
Petitioner vs.
State of Haryana ....
Respondent CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * * Present :
Mr. Tarmeem Azad, Advocate for the petitioner.
Mr. R. S. Nain, DAG, Haryana.
* * * GURBIR SINGH , J. :
This Criminal Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India with a prayer for issuing a writ in the nature of Habeas Corupus for appointing a Warrant Officer and directing respondents no.2 to 4 to release detenue Anjum wife of Saif Ali and daughter of Minna Khan (respondent no.5) from illegal custody of respondent no.4 - In-charge of Aanchal Chhaya (orphanage home), as she is major.
Learned counsel for the petitioner has submitted that son of the petitioner married detenue Anjum (now daughter-in-law of the petitioner), who is illegally detained by respondent no.4 i.e. In-charge of Aanchal Chhaya (orphanage home), at the instance of police. The parties are governed by Muslim law. As per a judgment
passed by a Co-ordinate Bench of this Court in Gulam Deen and another vs. State of Punjab and others - CRWP-5744-2022, a Muslim girl is entitled to marry after attaining the age of 15 years. The detenue - Anjum and son of the petitioner Saif Ali, after solemnizing marriage, filed a Protection Petition, whereby, vide order dated 18.07.2022 (Annexure P-2), a direction was issued to Superintendent of Police, Palwal, to look into the representation, if any, seeking protection of life and liberty and if necessary, to take requisite steps. Respondent no.5 then moved an application for recalling the said order dated 18.07.2022, but the same was declined vide order dated 14.11.2022 (Annexure P-4). It is further submitted that the detenue - Anjum is now a few months less for attaining the age of majority i.e. 18 years.
As per Status Report filed by the State, after recording statement under Section 164 Cr.P.C. by learned Illaqa Magistrate, Palwal, the detenue - Anjum was handed over to "One Stop Centre, GH, Palwal" for further custody being a minor and now, she is with them. Her statement recorded under Section 164 Cr.P.C. is Annexure R-1, wherein she has stated that she had married to Saif Ali voluntarily. He did not pressurize her to marry him. She wanted to live with Saif Ali. Without any orders of any Authority, the detenue - Anjum was left with respondent no.4. Since she belongs to Muslim community and had married a Muslim boy according to the Muslim rights and is more than 15 years, her marriage apparently cannot be considered as void marriage. Rather, it is a valid marriage. It is so held in case Yunus Khan vs. State of Haryana and others - 2014(3) RCR (Criminal) 518. In the said case,
custody of the girl was given to her husband under similar circumstances. Keeping in view peculiar facts and circumstances of the case, let the detenue - Anjum be taken to the court of Illaqa Magistrate, Palwal and her statement be recorded to the effect as to with whom she wants to live - her parents or her husband. Thereafter, she be allowed to go as per her own wish.
With the above directions, the petition stands disposed of. February 20, 2023 (GURBIR SINGH) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No.