Manish Kumar v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-10419-2023 Date of Decision : November 07, 2023 MANISH KUMAR -Petitioner V/S STATE OF HARYANA AND OTHERS -Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Ajit Kumar Sharma, Advocate for Mr. Chander Shekhar Singhal, Advocate for the petitioner.

Mr. Chetan Sharma, D.A.G., Haryana.

*** KULDEEP TIWARI, J. (ORAL) 1.

Today, the alleged detenu Guddan has been produced before this Court, who has suffered a statement on oath (Ex.P1), which is taken on record.

2.

In her statement (Ex.P1), the alleged detenu Guddan has stated in unambiguous terms that she has been voluntarily living with her parents and does not want to join the company of the petitioner. A bare glance at Ex.P1 reveals that the alleged detenu is not all in any wrongful confinement, which may impel this Court to issue a writ of habeas corpus. However, it appears that the petitioner has, instead of filing a petition under Section 9 of the Hindu Marriage Act, 1955, has motioned this Court, on false grounds, through the instant petition.

3.

In view of the above made statement, the present petition is dismissed with costs of Rs.15,000/-, in respect whereof, the petitioner shall draw a demand draft in favour of the alleged detenu Guddan and shall DEVINDER YADAV 2023.11.07 17:20 I attest to the accuracy and authenticity of this order/judgment

CRWP-10419-2023 submit the said demand draft before the S.H.O., Police Station Saha, District Ambala, who shall on receipt of such demand draft, hand over the same to the alleged detenu Guddan.

(KULDEEP TIWARI) November 07, 2023 JUDGE devinder Whether speaking/reasoned:

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2023.11.07 17:20 I attest to the accuracy and authenticity of this order/judgment