Naveen v. State Of Punjab And Others

2023:PHHC:100600 CRWP-7731-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-7731-2023 Date of Decision:-04.08.2023 Naveen ......Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Naveen Kumar, Advocate for the petitioner. Mr. P.S. Grewal, DAG, Punjab.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed under Article 226 of the Constitution of India for issuance of writ in the nature of habeas corpus by alleging that the wife of the petitioner is in illegal custody of respondents No. 5 and 6.

2.

I have heard learned counsel for the petitioner at length; however, he could not demonstrate that as to how a wife going to her parents' house can be declared as illegal detention by the parents of the girl. There is nothing on record to demonstrate the same, moreso, it is a case where the petitioner and the detenue were in a live-in relationship and had approached this Court in the year 2020 to seek protection and subsequently, they got married and were blessed with a baby. PARUL 2023.08.04 16:32 I attest to the accuracy and authenticity of this document

2023:PHHC:100600 CRWP-7731-2023 3.

Merely a matrimonial discord cannot be a ground to file a petition under habeas corpus, as the ingredients of habeas are not met as neither the detenue is in any illegal custody nor is it a case that the petitioner is not aware about her whereabouts. 4.

Petitioner has appropriate remedies of law but has chosen to abuse the process of law by filing this present petition and hence, this Court deems fit to impose cost on the petitioner. Thus, the payment of cost of Rs.2,500/- to be deposited by the petitioner within one month from today in the following account:

Account Name - Punjab and Haryana High Court Bar Association Lawyer's Family Welfare Fund.

Account No. - 41564846387 Bank Name - SBI High Court Branch.

5.

In view of the above, the present petition stands dismissed. (ALOK JAIN) JUDGE August 04, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.08.04 16:32 I attest to the accuracy and authenticity of this document