Raffiq v. State Of Haryana And Others

CRWP No.489-2019 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.489-2019 DATE OF DECISION:-31.05.2019 RAFFIQ ...PETITIONER..

V.

STATE OF HARYANA AND ORS.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Shiva Khurmi, Advocate, for the petitioner.

Mr. Munish Sharma, AAG, Haryana.

Mr. Mohammad Arshad, Advocate for respondents No.4, 17, 18 and 19.

*** RAMENDRA JAIN, J. (ORAL) Mr. Mohammad Arshad, Advocate has appeared and filed memo of appearance on behalf of respondents No.4, 17, 18 and 19. The same is taken on record. Be tagged at appropriate place. Prayer in this petition under Article 226 of the Constitution of India is for issuance of a writ in the nature of Habeas Corpus, directing respondents No.2 and 3 to recover detenue-Sahrunna from the illegal custody of private respondents.

In compliance to order dated 28.05.2019, detenue-Sahrunna has been produced in Court today. She states that she is major and is SONIKA 2019.06.01 13:06 I attest to the accuracy and authenticity of this document Chandigarh

CRWP No.489-2019 --2-- happily living with respondent No.4, as his legally wedded wife, having solemnized marriage with him on 18.02.2019. However, according to instant petition filed by her real brother, the date of birth of alleged detenue is 12.06.2003. Therefore, apparently as on date, she is minor.

Learned counsel for respondent No.4 submits that actual date of birth of the detenue is 12.06.2001 and second Aadhar Card has been fictitiously procured by the petitioner to show her age less. Even, if the detenue is minor, but is above the age of 15 years, therefore, her marriage with respondent No.4 is legal, as both of them are Muslims. In support of his contention, he has placed reliance upon judgment of this Court passed in CRM-930-2014 in CRWP No.1247-2013, titled as "Yunus Khan vs. State of Haryana and ors." dated 17.02.2014. Considering the dictum laid down in Yunus Khan's case (supra), the detenue is ordered to be set free to accompany respondent No.4.

Dismissed.

31.05.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.06.01 13:06 I attest to the accuracy and authenticity of this document Chandigarh