IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Habeas Corpus Petition No. 18/2009 Deepak Sharma …….Petitioner Versus State of Uttarakhand through SSP Dehradun & Ors. …….Respondents Mr. Abdul Wahid, Advocate for the petitioner. Mr. Amit Bhatt, Addl. GA for the State/respondents no. 1 & 2. Mr. Kurban Ali, Advocate for the respondents no. 3 to 5. May 21, 2010 Hon’ble Dharam Veer, J. This writ petition has been filed seeking a writ in the nature of habeas corpus directing the respondents no. 3, 4 and 5 to produce the corpus Smt. Sangeeta and direction to respondents no. 1 & 2 to ensure her safety and hand over Smt. Saneeta in the custody of petitioner. Heard learned Counsel for the parties and perused the record. The case of the petitioner is that he married Sangeeta daughter of Godhoo/respondent no. 4 as per Hindu rituals in a temple on 22.5.2009. Both of them are major. But respondents no. 3, 4 and 5, who are brother, father and mother respectively of Sangeeta were not happy with this marriage and they have illegally confined Sangeeta against her will in their house in Dera Gaon Mehroli, New Delhi and they are also torturing her. A counter affidavit has been filed on behalf of respondents no. 3, 4 and 5. In the said affidavit, respondent no. 4 Godhoo, father of Sangeeta has stated on oath that his daughter Sangeeta is living with him as per her own will and consent and no such marriage has taken place as has been alleged by the petitioner. It has been further stated that the petitioner was a tenant in his house, who had taken away her daughter by influencing her and subsequently a missing report was lodged with PS Mehrauli, New Delhi and when the wrong intentions of petitioner came to the knowledge of his daughter, then she came back to her house. Copy of missing report has also been filed. Even otherwise, petitioner has not filed any marriage certificate or photographs of the alleged marriage on record in support of his case. Having heard the submissions of learned Counsel for the parties and in view of the facts and circumstances of the case narrated above, I do not find any ground to issue a writ or order to produce the corpus Sangeeta in the Court. The petition is devoid of merit and is liable to be dismissed in limine. Accordingly, the writ petition being devoid of merit is dismissed in limine. (Dharam Veer, J.) 21.5.2010 PRABODH 2