Ashok Kumar v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision: 17.04.2026 Ashok Kumar
...Petitioner
VERSUS
State of Punjab and others
...Respondent(s)
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Sanjiv Kumar Yadav, Advocate for the petitioner. Dr. (Ms.) Savi Nagpal, AAG Punjab.
***** VINOD S. BHARDWAJ, J. (Oral) 1.
The instant petition has been filed for issuance of a writ in the nature of Habeas Corpus directing respondents No.1 to 3 to get released the detenue namely Nancy (wife of the petitioner) daughter of Mohan Lal, from the illegal detention of respondents No.5 to 10 and produce her before this Court as well as to allow her to accompany the petitioner. 2.
The matter came up for hearing before this Court on 07.04.2026, when the following order was passed:- "Learned counsel appearing on behalf of the petitioner contends that petitioner's wife-Nancy daughter of Mohan Lal has been illegally detained by her parents. He further contends that the petitioner as well as detenue-Nancy are adults and have solemnized marriage on 01.04.2026 at Arya Samaj Vedic Mandir situated at Naya Gaon, Near Water Treatment Plant, Gannaur Road, Ambala City. The private respondents are however resident of Lalru, District SAS Nagar Mohali. He
further contends that the petitioner approached Police Station Lalru for securing the release of the detenue-Nancy. The petitioner has already submitted all the requisite documents to the officials at Police Station Lalru i.e. Marriage Certificate, Certificates of matriculation, senior secondary, graduation, computer documents as well as birth certificate of the detenueNancy. He further contends that as per his knowledge his wife/detenue-Nancy has deposed before the authorities that she is married with the petitioner herein and wants to live with him, however, notwithstanding the same, the release of detenueNancy has not been secured. He submits that at this stage he would be satisfied if the detenue-Nancy is produced before this Court on the next date of hearing.
Notice of motion.
Dr. (Ms.) Savi Nagpal, AAG, Punjab accepts notice on behalf of respondent-State and prays for some time to seek instructions and file reply, if so advised.
Adjourned to 17.04.2026.
The Senior Superintendent of Police, SAS Nagar (Mohali) is directed to ensure production of detenue-Nancy, daughter of Mohan Lal, resident of village Sitarpur, PO Sarsini, District SAS Nagar, Mohali before this Court on the next date of hearing."
3.
Pursuant to the said order, Nancy (wife of the petitioner) daughter of Mohan Lal has been produced before this Court today. 4.
On a specified query posed to her, she identified the petitioner and admitted that she had solemnized marriage with him. On a specific query, as to whether she was being illegally detained, she contends that there was no such forceful detention. Further, to a query, as to whether she would like to accompany her parents or the petitioner, Nancy daughter of Mohan
Lal, has conveyed that she intends to go with her husband-Ashok Kumar (petitioner herein) from the Court premises itself. 5.
Learned counsel appearing on behalf of the petitioner contends that since family members of Nancy are waiting outside the Court room, the petitioner apprehends danger to their lives and liberty. 6.
At this stage, Mr. Pawan Kumar and Ms. Anju, Uncle (Chacha) and Aunty (Chachi) of Nancy respectively, submit that there is no reason of any threat and they assure that they would not cause any harm to the petitioner as well as Nancy while they are on their way out or otherwise. 7.
Since, Nancy daughter of Mohan Lal, the alleged detenue is major and has expressed her desire to accompany her husband, hence, the officials who produced Nancy in the Court are directed to hand over the custody of Nancy to the petitioner herein and she would be at liberty to go with her husband-Ashok Kumar.
8.
Further, as an apprehension of threat has been expressed by the petitioner, in the event of the petitioner as well as Nancy (wife of the petitioner) daughter of Mohan Lal submitting any representation to the SHO, Police Station, Lalru, District SAS Nagar (Mohali) seeking protection of their lives and liberty, he should take appropriate steps in accordance with law.
9.
The present petition is accordingly disposed of. (VINOD S. BHARDWAJ) 17.04.2026 JUDGE Mangal Singh Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No