IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Habeas Corpus Petition No. 15/2010 Sri Sunder …….Petitioner Versus State of Uttarakhand & Ors. …….Respondents Mr. Rajesh Sharma, Advocate for the petitioner. Mr. Amit Bhatt, Addl. GA for the State/respondents no. 1 & 2. Mr. TA Khan, Advocate for the respondent no. 3. May 21, 2010 Hon’ble Dharam Veer, J. This writ petition has been filed seeking a writ in the nature of habeas corpus commanding the respondents to produce the corpus Meenakshi, the legally wedded wife of the petitioner. Heard learned Counsel for the parties and perused the record. The case as set out by the petitioner is that he married Meenakshi Jayashwal, daughter of Radhe Lal Jayashwal, respondent no. 3. Both of them are major. But her father i.e. respondents no. 3 was not happy with this marriage and he lodged an FIR on 13.3.2010 under Section 366 IPC. On 17.3.2010, both the petitioner and corpus Meenakshi Jayashwal were recovered by the police and thereafter petitioner was sent to 14 days’ judicial custody and the respondent no. 3 forcibly taken his daughter Meenakshi Jayashwal to his home against her will or petitioner’s will and has illegally confined her in his house. A counter affidavit has been filed on behalf of respondent no. 3, father of Meenakshi Jayashwal wherein it has been stated on oath that his daughter is living with him as per her own will and consent and she does not want to go with the petitioner and no such marriage has taken place as has been alleged by the petitioner. Affidavit of corpus Meenakshi Jayashwal has also been filed, wherein she has stated on oath that the petitioner abducted her by inducement and through deceitful means when she was going to her school and thereafter the petitioner proposed her for marriage but she refused and no marriage has taken place between them. She has further stated that she is peacefully living with her parents as per her own will and consent. Even otherwise, petitioner has not filed any marriage certificate or photographs of the alleged marriage on record in support of his case. Having heard the submissions of learned Counsel for the parties and in view of the facts and circumstances of the case narrated above, I do not find any ground to issue any writ or order to produce the corpus Meenakshi Jayashwal before the Court. The petition is devoid of merit and is liable to be dismissed in limine. Accordingly, the habeas corpus petition being devoid of merit is dismissed in limine. (Dharam Veer, J.) 21.5.2010 PRABODH 2