CLMA 4302/2008 IA 1955/2008 in HABC 10/2008 UHon’ble B.C. Kandpal, J.U Mr. R.P. Nautiyal, learned counsel for the petitioner. Mr. K.S. Verma, learned counsel for the respondents 1 and 2. Smt. Samita D/o C.B. Mall, aged 23 years ( as stated by the corpus ), at present residing at Daudwala Mothrawala, P.S. Clementown, District Dehradun, has been produced by the lady constable from the chamber of Registrar (Inspection) before the court after lunch. Smt. Samita has deposed before the court that no marriage between her and Umed Singh Gurung, petitioner, had ever been solemnized. She has stated that the conversation with regard to the marriage between her and the petitioner started, but the same could not be materialized. The detenu/corpus has stated before the court that she wishes to go with her parents. In view of the statement of Smt. Samita, the detenu/corpus, the court permits her to go with her parents. Accordingly, the Habeas Corpus Petition fails and is dismissed. As the petition has been dismissed in view of the statement of the detenu/corpus, a penalty of Rs. 5,000/- is imposed against the petitioner, Sri Umed Singh Gurung. The amount realized from the petitioner shall be deposited in the account of High Court of Uttarakhand Legal Services Committee. The interim relief application and CLMA also stand dismissed. Dated: 3-9-2008 (B.C. Kandpal, J.) ISB