CRWP No. 574 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No. 574 of 2011 Date of decision: 07.03.2011 Gayatri Devi and another ........ Petitioners Versus State of Haryana and others ........ Respondents CORAM: HON'BLE MR.JUSTICE JORA SINGH PRESENT: Mr. Akshay Bhan, Advocate, with Mr. Aman Bansal, Advocate, for the petitioners. JORA SINGH, J. This petition is under Article 226 of the Constitution of India, for issuance of a roving writ in the nature of Habeas Corpus, for appointment of a warrant officer with a direction for release of detenue, namely, Dr. Swati Singla, wife of Dr. Arvind Rana and daughter-in-law of the petitioners from the illegal custody of respondents No. 4 and 5 and to protect the life and liberty of the petitioners and their family members. It is further stated that Dr. Arvind Rana, son of the petitioners is major and was having affair with Dr. Swati Singla. Parents of Dr. Swati Singla were not agreeing to marry her with Dr. Arvind Rana. Dr. Swati Singla, is also major. Dr. Arvind Rana and Dr. Swati Singla, solemnized their marriage on 17.4.2008. Marriage was got registered under the Hindu Marriage Act, 1955. Marriage certificate dated 22.8.2008 (Annexure P-4), was issued. Dr. Swati Singla and Dr. Arvind CRWP No. 574 of 2011 -2- Rana, were residing with the petitioners. Learned counsel for the petitioners states that on 29.1.2011, parents of Dr. Swati Singla, i.e. respondents No. 4 and 5, requested her to attend the marriage of her real maternal uncle at Panipat. Dr. Arvind Rana, failed to accompany Dr. Swati Singla. Till 11th February, 2011, petitioners and Dr. Arvind Rana, were in touch with the detenue (Dr. Swati Singla). Respondents No. 4 and 5 were not happy with the marriage of the detenue with Dr. Arvind Rana and were compelling her to re-marry as per their choice. That Dr. Swati Singla, is in the illegal custody of respondents No. 4 and 5. Till 29.1.2011, Dr. Swati Singla, was staying with her husband but she was summoned by her parents i.e. respondents No. 4 and 5 to attend the marriage of her real maternal uncle at Panipat. At present, she is in the illegal custody of respondents No. 4 and 5. I have gone through the petition carefully and of the opinion that custody of Dr. Swati Singla, with her parents cannot be illegal. Earlier Dr. Arvind Rana, had filed Criminal Writ Petition No. 455 of 2011, but when the Court was not inclined to issue notice then writ petitioner was dismissed as withdrawn vide order dated 21.2.2011, with liberty to file petition for restitution of conjugal rights. As per order dated 5.3.2011, petitioners were directed to produce Dr. Arvind Rana, in Court. Dr. Arvind Rana, is present in Court and on enquiry stated that he has not filed the petition for restitution of conjugal rights or any other petition. Respondent No.4 is the father and respondent No.5 is the mother of Dr. Swati Singla and as per para 6 of the petition up to 29.1.2011, Dr. Swati Singla, was with her husband but CRWP No. 574 of 2011 -3- after that she had gone to her parental house on the request of her parents (respondents No. 4 and 5) to attend the marriage of her real maternal uncle at Panipat, that means Dr. Swati Singla, was not taken away forcibly by respondents No. 4 and 5. As per certificates (Annexures P-1 and P-2), Dr. Arvind Rana and Dr. Swati Singla, are major. Marriage certificate (Annexure P-4) shows that Dr. Swati Singla, was married with Dr. Arvind Rana but at present she is staying with her parents. Till today no complaint to the concerned Police Station that Dr. Swati Singla, is in the illegal custody of respondents No. 4 and 5. In case, wife is not ready to accompany the husband then remedy with the husband is to file petition for restitution of conjugal rights. Earlier Dr. Arvind Rana, had filed CRWP No. 455 of 2011 but the same was dismissed as withdrawn vide order dated 21.2.2011, with liberty to file petition for restitution of conjugal rights but till today petition for restitution of conjugal rights was not filed. In case, petition for restitution of conjugal rights or divorce is filed then Dr. Swati Singla, is expected to appear in Court. She is to reply whether she is the legally wedded wife of Dr. Arvind Rana or not or she is in the illegal custody of her parents. Matrimonial dispute amongst the husband and wife. Both are major but no explanation why Dr. Arvind Rana, is not filing petition for restitution of conjugal rights. Instead of filing petition for restitution of conjugal rights by Dr. Arvind Rana, second Criminal Writ Petition was got filed through his parents. In view of all discussed above, I am of the opinion that stay of Dr. Swati Singla, with her parents is not illegal. Writ of Habeas Corpus is maintainable, when the Court is CRWP No. 574 of 2011 -4- of the opinion that custody of the detenue (Dr. Swati Singla) is illegal with her parents. Second allegation of the petitioners is that their life and liberty is in danger at the hands of respondents No. 4 and 5 but till today no complaint in this regard to any authority. Petitioners are advised to file complaint before the concerned Police Station if they are feeling that their life and liberty is in danger. In case, any complaint is filed before the concerned Police Station, then SHO is to dispose of the same by passing speaking order, within a period of one month. For the reasons recorded above, the instant writ petition without merits is dismissed. March 07, 2011 ( JORA SINGH ) rishu JUDGE