IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A.No.213 of 2011 Date of Decision:- 04.02.2011 Uttam Kumar and another ....Appellant(s) vs. State of Haryana and others ....Respondent(s) *** CORAM:HON'BLE MR.JUSTICE RANJAN GOGOI, ACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.R.S.Bains, Advocate, for the appellants. *** Ranjan Gogoi, ACJ. (Oral) The writ of Habeas Corpus prayed for in the present proceeding has been declined by the learned Single Judge. Aggrieved this appeal has been filed. The writ petitioner No.1 is the husband of a lady whom he claims to have married on 1.12.2010. A criminal case was instituted by the legal guardian of the young lady contending that she was a minor. Petitioner No.1 and his wife were recovered in the State of Bihar and sent on a Transit Remand to the Court at Sonepat. The Court at Sonepat sent the petitioner No.1 to custody and the wife went away with her father. What is stated in the writ petition is that the custody of the wife, who is presently with her father, is illegal and furthermore that the father is planning to arrange for her second marriage. A writ of Habeas Corpus is to be issued by the Court in exercise of its extraordinary jurisdiction. Such a writ is primarily issued L.P.A.No.213 of 2011 -2- for production of a person in Court whose whereabouts are not known but who may appear to be in illegal detention and that too under the State Authorities. In the present case, what the petitioner prays for is the production of the girl before this Court for the purpose of recording her statement as to where she would like to go and with whom. Such an exercise must not be performed while exercising the highly prerogative and discretionary jurisdiction under Article 226 of the Constitution of India. The writ of Habeas Corpus prayed for, therefore, is refused and the appeal is dismissed. ( RANJAN GOGOI ) ACTING CHIEF JUSTICE February 04, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE