CRWP No.622 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.622 of 2011 Date of decision: 10.03.2011 Satinder Kumar ........ Petitioner Versus State of Haryana and others ........ Respondents **** CORAM: HON'BLE MR.JUSTICE JORA SINGH PRESENT: Mr. Prashant Bansal, Advocate, for the petitioner. **** JORA SINGH, J. Satinder Kumar, preferred this writ petition under Articles 226/227 of the Constitution of India, for issuance of a roving writ in the nature of Habeas Corpus directing respondents No. 3 and 4 to produce and release the detenue namely, Kamaljit Kaur, wife of the petitioner. Allegation of the petitioner is that Kamaljit Kaur, is the legally wedded wife of the petitioner and marriage was solemnized on 22.1.2011, at Gurdwara Baba Deep Singh Ji Saheed (Regd.) G.T. Road, Patiala (Pb.) as per Sikh Rites and Ceremonies. Kamaljit Kaur and the petitioner earlier filed CRM No. M 3155 of 2011, to protect their life and liberty. That on 27.2.2011, parents of Kamaljit Kaur and other CRWP No.622 of 2011 -2- family members came to the house of the petitioner and told that they are ready and willing to accept the marriage of the detenue with the petitioner. Kamaljeet Kaur, was taken away by her parents on 27.2.2011, with an assurance that they wanted to perform all the ceremonies regarding marriage and after performance of all marriage ceremonies, Kamaljit Kaur, was sent to be back. Learned counsel for the petitioner argued that detenue is the legally wedded wife of the petitioner but on 27.2.2011, detenue was taken away by her parents by saying that after performing marriage ceremonies, Kamaljit Kaur, was to be sent back. With effect from 27.2.2011, Kamaljit Kaur, is in the illegal custody of respondents No. 3 and 4 but after going through the file, I am of the opinion that custody of Kamaljit Kaur, with her parents is not illegal. Respondent No. 3 is the father whereas respondent No.4 is the brother of the detenue. Regarding marriage no proof on the file. Earlier Karamjit Kaur and the present petitioner filed CRM No. M 3155 of 2011 (Annexure P-1) and the same was disposed of vide order dated 1.2.2011, with direction to Senior Superintendent of Police, Patiala, to look into the grievances of the petitioners i.e. Kamaljit Kaur and the present petitioner. At present Kamaljit Kaur is staying with her parents. If she is not ready to join the company of the petitioner then remedy with the petitioner is to file petition for restitution of conjugal rights. Till today no complaint to the police authorities, on the allegation that Kamaljit Kaur, was illegally detained by her parents. Writ of Habeas Corpus is maintainable when the Court is of the opinion that custody of detenue with her parents is illegal but in the CRWP No.622 of 2011 -3- present case, custody of Kamaljit Kaur with her parents is not illegal. She is residing with her parents. So, efficacious remedy available with the petitioner is to file petition for restitution of conjugal rights but he is not availing that remedy. Petitioner is advised to file petition for restitution of conjugal rights and detenue (Kamaljit Kaur) is to appear in Court and state whether she is the legally wedded wife of the petitioner or not and whether she was kept confined illegally by her parents or not. Petitioner can also file application before the concerned Police Station and in case application is filed regarding illegal detention of Kamaljit Kaur, then the concerned SHO, is directed to dispose of the same within a period of one month by passing a speaking order. For the reasons recorded above, the instant writ petition without merits is dismissed. March 10, 2011 ( JORA SINGH ) rishu JUDGE