Criminal Writ Petition No.2183 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Criminal Writ Petition No.2183 of 2011 Date of Decision: 4.11.2011 Darshan Singh ... Petitioner Versus State of Punjab and Others ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Dinesh Sharma, Advocate for the petitioner. Ms. Rajni Gupta, Assistant Advocate General, Punjab, for respondents No.1 to 3. None for respondents No.4 and 5. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ in the nature of Habeas Corpus for release of Jagjit Kaur, minor daughter of the petitioner, who is stated to have been unlawfully detained by Baljinder Singh, respondent no.4. This Court, on 1.11.2011, has passed the following order:- Learned counsel for the State, on instructions from Davinder Singh, Head Constable, has submitted that Jagjit Kaur, daughter of the petitioner, during the course of investigation, has Criminal Writ Petition No.2183 of 2011 2 made a statement that she has married respondent No.4-Baljinder Singh according to her own accord and free will. She further undertakes to produce Jagjit Kaur, in this Court, on the next date of hearing. List on 4.11.2011.” In pursuance thereof, Jagjit Kaur has come present in Court. She has stated that she is major and has performed marriage according to her own free will and accord with respondent No.4 and intended to stay in her matrimonial home. She further stated that she does not want to accompany her father-Darshan Singh. Learned counsel for the petitioner has submitted that since Jagjit Kaur is minor, therefore, her marriage is invalid. This Court, while exercising jurisdiction under Article 226 of the Constitution of India, will not determine the age of the alleged detenue as it requires necessary evidence. Furthermore, this Court will also refrain from determining the validity of marriage. Be that as it may, Jagjit Kaur is a legally wedded wife of Baljinder Singh, respondent No.4. Thus, it cannot be said that her custody is unlawful. Hence, no further directions are called for and the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge November 4, 2011 “DK”