IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 2804 of 2011 Date of decision: 16.01.2012 Davinder Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. N.K. Banka, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, DAG, Punjab for the State. Mr. Manish Soni, Advocate for Mr. Lalit Rishi, Advocate for respondent No. 4. ***** RANJIT SINGH J. Davinder Singh has approached this Court for issuance of a writ of habeas corpus seeking custody of his daughter who is statedly being kept in illegal custody by respondent No.4. This petition came up for hearing alongwith Criminal Misc. No. M- 38431 of 2011, which was filed by respondent No. 4 and the alleged detenue i.e. daughter of the petitioner. The Bench of this Court, in this regard, had issued directions to the Senior Superintendent of Police, Jalandhar to ensure necessary vigil and to see that no harm is caused to the life of the petitioners i.e. Amandeep Singh and Harpreet Kaur-alleged detenue. Crl. Misc. No. M- 2804 of 2011 -2- This writ of Habeas Corpus, therefore, has been listed before this Hon'ble Court. The alleged detenue-Harpreet Kaur is present in the Court. I have spoken to her. She has confirmed that she has voluntarily and willingly married to respondent No.4 and would wish to stay with him. She has further stated that she has not been kept in any illegal custody. On the asking of the Court, the Court has met his father in the Chamber and she maintained that she would like to stay with the boy to whom she has married. Respondent No.4, however, has highlighted that girl-Harpreet Kaur is less than of 17 years of age when she got married and now still she is a minor. It is on this basis, counsel contends that she does not understand and is not capable to give consent of this marriage. As per counsel, this marriage is void in terms of provisions under the Child Marriage Act. It is not for me to make any comment on the marriage as such. Once a girl appears before the Court and has stated that she is not being kept in illegal custody, the case for issuance of habeas corpus is not made out. Let the law takes its own course. The petition is, however, dismissed. January 16, 2012 ( RANJIT SINGH ) rts JUDGE