CRWP No.624 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.624 of 2011 (O&M) Date of decision: 10.03.2011 Navneet Madan ........ Petitioner Versus State of Haryana and others ........ Respondents **** CORAM: HON'BLE MR.JUSTICE JORA SINGH PRESENT: Ms. Amarjit Kaur Khurana, Advocate, for the petitioner. **** JORA SINGH, J. Navneet Madaan, preferred this writ petition under Article 226 of the Constitution of India, for issuance of a writ in the nature of Habeas Corpus, for the release of detenue namely Pinky Khurana, wife of the petitioner from the illegal custody of respondents No.4 and 5. Allegation of the petitioner is that Pinky Khurana, is the legally wedded wife of the petitioner. Marriage was solemnized on 7.2.2011. Both are major. Earlier, CRM No. M 4752 of 2011, was by the petitioner and the detenue, to protect their life and liberty and the same is pending. Learned counsel for the petitioner argued that detenue is the legally wedded wife of the petitioner. Both are major and detenue is CRWP No.624 of 2011 -2- in the illegal custody of respondents No. 4 and 5 but after going through the file, I am of the opinion that submission of the learned counsel for the petitioner seems to be not correct one. Petitioner has produced on the file photocopy of the marriage certificate. Suppose detenue is the legally wedded wife of the petitioner but the petitioner and the detenue filed CRM No. M 4752 of 2011 (Annexure P-3) and next date of hearing is 16.3.2011. Now, allegation of the petitioner is that on 15.2.2011, detenue was kidnapped by her parents. CRM No. M 4752 of 2011 (Annexure P-3) was filed on 14.2.2011 and as per allegation of the petitioner, detenue was abducted on 15.2.2011. CRM No. M 4752 of 2011, filed by the petitioner and the detenue to protect their life and liberty is pending and next date of hearing is 16.3.2011. If after filing the petition, detenue was abducted by her parents on 15.2.2011, then petitioner should file application in the earlier petition pending for 16.3.2011, with request to appoint warrant officer for the release of detenue namely Pinky Khurana. Without commenting upon the merits of the case, as to whether Pinky Khurana is in the illegal custody of the parents, writ petition is disposed of with liberty to the petitioner to file application in the earlier petition filed by him along with Pinky Khurana, pending for 16.3.2011. Dismissed. March 10, 2011 ( JORA SINGH ) rishu JUDGE