Cr.WP No.24 of 2011. 05.09.2011 Present: Mr.S.D.Gill, Advocate for the petitioner. Mr.R.K.Sharma, Sr.Additional Advocate General, for respondents 1 & 2. Mr.J.L.Bhardwaj, Advocate for respondents No.3 & 4. Mr.Munish Kumar / (Petitioner) is present before us with his learned Advocate, Shri S.D.Gill. The parents of the petitioner as well his relatives, namely, Shri Sunder Lal, Additional S.P. (Retd.), Meera Devi, Ram Pal, Ms.Promila and Pradhan Gram Panchayat, Reur (Mandi) are also present. Ms.Neelam is also present with her learned Advocate Shri J.L.Bhardwaj. Respondents No.3 and 4, parents of Ms.Neelam, as well as her younger sister, namely, Ms.Anita, are also present. Present petition (Habeas Corpus) has been filed with the following prayer: ‘For issuance of directions to produce Neelam Kumari in this Hon’ble Court from the illegal custody.’ According to the petitioner, he has solemnized the marriage with Neelam Kumari in Laxminarain Mandir, Bilaspur on 6.04.2011and thereafter the marriage was registered on 6.04.2011 itself. A copy of album, including photographs, showing that the petitioner has married Neelam Kumari in the temple and …2… Cr.WP No.24 of 2011. has spent time with the petitioner and photographs of the petitioner and Neelam Kumari have also been produced before us, where, relatives and well wishers of the petitioner are shown in those photographs. In all the photographs, the parents of both petitioner as well as Neelam Kumari are missing. According to the petitioner, Neelam Kumari, being legally wedded wife of the petitioner, she has been kept in illegal confinement by respondents No.3 and 4. The album, comprising of 153 photographs, has been kept as part of the Court record. We have heard Ms.Neelam Kumari and the petitioner (namely, Munish Kumar) separately and jointly and also in presence of above-mentioned persons. We have also heard the learned counsel appearing for and on behalf of the respective parties. Ms.Neelam Kumari has stated that while she was doing internship, a long painful episode occurred with her and marriage was thrust over her in the then prevailing precarious circumstances. The marriage, alleged to have been made by the petitioner, is out of …3… Cr.WP No.24 of 2011. coercion, fear, misrepresentation, threat and totally against her wishes. Ms.Neelam Kumari has stated that if permitted, she will narrate such unusual story and occurrence which took place with her and for about five months she was kept in very unusual circumstances and illegal confinement. However, she managed to escape from the clutches of the petitioner and came to her parents for shelter. Her parents had arranged her marriage elsewhere to be solemnized on 6.4.2011. As has been narrated by her, she is fully conscious of her rights, social stigma, her reputation and her future life and has stated that she cannot live with petitioner even for a moment and, as such, has prayed protection from the petitioner, his parents, family members and relatives. She has very humbly stated that the marriage, alleged to have been performed, was thrust over her and is not a marriage in the eyes of law and as such is a nullity and she should be given liberty to vindicate her rights under law and should also be at liberty to approach appropriate forums for redressal of her grievances by pursuing remedies available under law. …4… Cr.WP No.24 of 2011. After hearing the petitioner and Ms.Neelam Kumari, we observe that being a major, Ms.Neelam Kumari is not at all willing to go with the petitioner and is feeling more comfort and secured with her parents and is praying for police protection. Keeping in view the prayer, made in the present petition, since Ms.Neelam Kumari has already appeared before us and has expressed her views, therefore, without expressing anything on the merits of the alleged marriage, we are of the considered view that Ms.Neelam Kumari is at liberty to reside at the place of her choice and she has to be given protection and if needed police security also at her requirement. For this, the State Government, including the Superintendent of Police, Mandi, shall be personally accountable for her safety and protection. At her need, protection of Police and Administration shall have to be extended to her and her family members. No interference in her peaceful life shall be made by the petitioner, including parents of petitioner, other family members, relatives and well wishers. The petitioner as well as Ms.Neelam Kumari are …5… Cr.WP No.24 of 2011. at liberty to approach at appropriate Forums for redressal of their grievances, if so advised. If the parties approach to the Forums, including Administration or Police Department or before the Court, the authorities so approached, shall take immediate cognizance of the grievances highlighted by the parties. After presentation of Ms.Neelam Kumari before us and after knowing her views, no indulgence is called for, as such, the writ petition is dismissed. Copy of this order be supplied to Shri R.K.Sharma, learned Sr.Additional Advocate General, who shall immediately pass on the same to the State and Superintendent of Police, Mandi. A copy of this order, duly authenticated by the Court Master, be supplied to the parties today itself. Parties are at liberty to approach before this Court again in accordance with law. ( R.B. Misra ), J. 5th September, 2011. (soni) (Dev Darshan Sud ), J.