IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.2730 of 2011 Date of decision: 7th December, 2011 Sajid … Petitioner Versus State of Haryana and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Manish Soni, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present criminal writ petition has been filed under Article 226 of the Constitution of India praying that a writ in the nature of habeas corpus be issued and respondents No.6 and 7 be directed to produce Ruksina, daughter of Kasam-respondent No.5 and legally wedded wife of the petitioner, in this Court. It is pleaded in the writ petition that the petitioner vide Nikahnama (Annexure P-1) married Ruksina on 2nd May, 2010 and thereafter, Ruksina is residing and living with Bilal Khan-respondent No.6. It is stated that father of Ruksina has already lodged an FIR against Bilal Khan under Sections 363 and 366 IPC. No averment has been made in the writ petition that Ruksina has been wrongly confined or illegally detained. In case Ruksina, of her own accord, has started living with Bilal Khan-respondent No.6, the petitioner, if so advised, may file an application under Section 9 of the Hindu Marriage Act, 1955 for restoration of conjugal rights. In case such an application is filed within one week from today, the concerned Court, Criminal Writ Petition No.2730 of 2011 after service is effected upon Ruksina, shall record her statement. Needless to say, before any such summons are issued, the petitioner will have to prima-facie prove the factum of marriage before the concerned Court. With the observations made above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE December 7, 2011 rps 2