1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Habeas Corpus Writ Petition No. 16 of 2011 Mumtaz Saifi S/o Late Navi Ahmad R/o B 148, Avas Vikas, Kichha District Udham Singh Nagar …..…Petitioner Versus 1. State of Uttarakhand through Secretary Home, Dehradun 2. Senior Superintendent of Police, Udham Singh Nagar 3. S.H.O., P.S. Kichha District Udham Singh Nagar 4. Mohammad Usman, S/o Ibne Hussain R/o Ward No. 4, Near Gurukul School Sonheri, Kichha, District Udham Singh Nagar ……….Respondents Shri T.A. Khan, Advocate, present for the petitioner. Shri S.S. Adkhikari, A.G.A., present for the State. Smt. Prabha Naithani, Advocate, present for the respondent no. 4. Hon'ble Prafulla C. Pant, J. Heard. 2. By means of this petition moved under Article 226 of Constitution of India, the petitioner has sought writ in the nature of habeas corpus directing the respondent to produce Sana Saifi (daughter of the petitioner) who is alleged to have 2 been illegally detained by respondent no. 4 Mohammad Usman. 3. In compliance of order dated 25.07.2011, Sana Saifi has been produced by the respondent no. 4. 4. When Sana Saifi was asked as to whether she is illegally detained by respondent no. 4 Mohammad Usman, she stated before this Court that on her own volition she is living with respondent no. 4 after getting married to him. She was further asked by this Court if she is desirous to go with her father, she replied that she does not want to go with her father. Sana Saifi told that her date of birth is 25.08.1992, and she is major. She further stated that she was a student of B.A. Part- I, in the Kumaun University. 5. In the above circumstances, since the girl is major, and states that she wants to live with respondent no. 4 after getting married with him, this Court cannot compel her to go with her father (petitioner) who is also present in person in the court. 3 6. In the above circumstances, without expressing any opinion as to the validity of the marriage, this petition is dismissed. (Prafulla C. Pant, J.) Parul 01.08.2011