Cr.WP No. 2 of 2011 3.03.2011 Present: Ms.Ambika Kotwal, Advocate, for the petitioners. Mr.M.L.Brakta, Advocate, for respondent No.1. Mr.R.K. Sharma, Senior Additional Advocate General, with Mr.Rajinder Dogra, Additional Advocate General, for respondents No. 2 to 4. Mr.Ashish Rawal, Advocate, for respondent No.5. In reference to our order dated 16.2.2011, Ms.Anjana Kumari, daughter of Mr.Saju Ram, resident of Village Dal Kiran, Post Office Samaila, Tehsil and Police Station Sarkaghat, District Mandi, H.P. has been produced by Mrs.Deep Rana, Superintendent, Nari Niketan, Chandigarh (UT) (Respondent No.5) assisted by ASI Jagan Nath and LC Bhama Devi, Police Lines, Sector 26, Chandigarh. Pawan Kumar, respondent No.1, said to have married with Anjana Kumari, is also present in the Court. It has been argued on behalf of the petitioner that the present petition has been filed for securing legal custody of Anjana Kumari from unlawful custody of Pawan Kumar and further direction has been sought that custody of Anjana Kumari further be given to the lawful guardianship of her parents i.e. the petitioner. It has been submitted by the learned counsel appearing on behalf of the petitioner that a Cr.Misc.No.1926 of 2011, under Section 482 Cr.P.C. is already pending, seeking directions for giving protection to Anjana Kumari and Pawan Kumar, applicants, therein and further direction to the respondents not to harass Anjana Kumari and Pawan Kumar and not to interfere in their peaceful alleged marital life. On hearing Cr.Misc.No.1926 of 2011, High Court of Punjab & Haryana has been pleased to list the matter on 6th November, 2011 and further pleased to direct on the agreement of Saju Ram, petitioner herein (Respondent No.4) in Cr.Misc.No.1926 of 2011, before High Court of Punjab & Haryana, that Anjana Kumari may be sent to Nari Niketan till she attains the age of majority. On such agreement, High Court of Punjab & Haryana, was pleased to direct to keep Anjana Kumari in Nari Niketan and that is how, she has been kept in Nari Niketan and has been brought through the officials of Nari Niketan, before us. The relevant observation of the order dated 24th February, 2011 passed by High Court of Punjab & Haryana, in Cr.Misc.No.1926 of 2011, is extracted as below:- “Respondents No.4 and 5 are also present in the Court alongwith their counsel. On the request of respondents No.4 and 5, who are the parents of petitioner No.1, were allowed to meet petitioner No.1-Anjana in the Chamber. Thereafter, the statement of respondent No.4, who is father of petitioner No.1, was recorded. Respondent No.4 has stated that he has no objection if petitioner No.1 is sent to Nari Niketan till she attains the age of majority. Petitioner No.1-Anjana was specifically asked as to whether she would like to accompany her parents especially when her parents stated that she need not have fear from them. Petitioner No.1- Anjana has flatly refused to accompany them and expressed her desire to go back to Nari Niketan. In view of the above and in the interest of justice as well as keeping the facts and circumstances in mind, petitioner No.1-Anjana is sent back to Nari Niketan alongwith Superintendent of Nari Niketan.” Mr.R.K.Sharma, Senior Additional Advocate General, has submitted that the relief which has been sought by the present petitioner before this Court, almost has been granted by the High Court of Punjab & Haryana, in these circumstances, cause of action does not survive. However, Ms.Ambika Kotwal, learned counsel appearing on behalf of the petitioner has submitted that though the jurisdiction of Punjab & Haryana High Court is still in dispute and however, since Cr.Misc.No.1926 of 2011, is already pending before High Court of Punjab & Haryana and that Court is ceased with the matter, as such, she has to avail liberty of making submissions before that Court. However, Ms.Kotwal has further submitted that this Court has to give liberty to the petitioner and the mother so that they may be able to meet their daughter, namely, Anjana Kumari, in Nari Niketan, as permissible in the norms. In our considered view, since such submission has not been opposed by the opposite party, as such, we hereby direct that as and when required Saju Ram-petitioner and his wife Nirmala Devi may meet or interact with Anjana Kumari through officials of Nari Niketan. However, they have to obey the norms prescribed by Nari Niketan. It is indicated that the parents of Anjana Kumari shall not induce any threat to Anjana Kumari as well as Pawan Kumar. With these directions, present petition is disposed of. Copy dasti. (R.B. Misra), J. (Surinder Singh), J. 3rd March, 2011 (Purohit)