1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. WP No. 10 of 2011 Date of decision: 11.5.2011 Kailash Kumar ….Petitioner Vs. State of HP & others …Respondents. Coram: The Hon’ble Mr. Justice R.B. Misra, Judge. The Hon’ble Mr. Justice Sanjay Karol, Judge.. Whether approved for reporting?1 For the Petitioner: Mr. B.S. Chauhan, Advocate For the Respondents No. 1 to 3 Mr. R.K. Sharma, Sr. Addl AG with Mr. Rajinder Dogra, Addl. AG. For respondents 4 & 5 Mr. Bimal Gupta, Advocate. R.B. Misra, J (Oral) In reference to our dated 4.5.2011, Kailash Kumar, petitioner is present before us in the Court along with his elder brother, namely, Kesar Singh Negi. Ms. Harpreet Kaur is produced before this Court by Ramesh Chauhan, Inspector/SHO, and LC Gurmeet Kaur No. 211 Police Station, Nalagarh. The parents of Ms. Harpreet Kaur, namely Sh. Khushinder Singh (father) and Mrs. Amrit Kaur (mother) are also present in the Court. 2. We have heard separately Kailash Kumar, petitioner as well as Ms. Harpreet Kaur separately. We have also heard Kailash Kumar in the presence of his above 1 Whether reporter of local papers are allowed to see the judgment ? 2 mentioned brother and Ms. Harpreet Kaur in the presence of her parents. We have also separately heard learned counsel for the parties. We have heard everyone collectively, as indicated above. We have also provided exclusive opportunity both to Kailash Kumar, petitioner as well as Ms.Harpreet Kaur for some time so that they may interact and exchange their views. So far petitioner is concerned, he is still considering Ms. Harpreet Kaur as his duly wedded wife and wants to live with her. However, Ms. Harpreet Kaur at her own sweet will and pleasure has revealed that she does not treat her as duly wedded wife of Kailash and does not wish to live with Kailash Kumar as his wife. She wants to pursue her studies and being a major girl, she wants to live and reside under the supervision of her parents, i.e. respondents 4 & 5. 3. As stated by Ms. Harpreet Kaur, in the then prevailing circumstances, marriage, if any, was not validly solemnized and marriage being nullity is still not acceptable to her. As such, she is not treating her to be the wife of Kailash Kumar. However, validity of the marriage is not being commended upon at this stage. However, as has been expressed fairly by learned counsel for the parties that in the interest of justice, scope is to be left open so that they may not indulge in any type of litigation in future in reference to the marriage or in respect of any type of any claim regarding matrimonial aspects as the parties want that they may live peacefully in future. 4. However, keeping in view the submissions of the petitioner as well as the respondents and in view of the 3 submission of Kailash Kumar and Ms. Harpreet Kaur that they want to live peacefully in future, therefore all endeavour shall be made on their part not to pursue henceforth any matrimonial dispute of any kind pending directly or indirectly or likely to arise before any forum 5. It has been submitted by both sides i.e. for and on behalf of Kailash Kumar and for and on behalf of Ms.Harpreet Kaur that cases/complaints, if any, pending before any Forum, would not henceforth be persuaded and an endeavour shall be made to resolve the issue, if any, amicably. 6. After hearing learned counsel for the parties as well as Kailash Kumar, petitioner and Ms. Harpreet Kaur, we are of the considered view that since Ms. Harpreet Kaur presently is residing with her parents, i.e. respondents 4 & 5 without any coercion, pressure or under any influence, as such, there is no scope of adjudicating the present petition in reference to habeas Corpus. As such, the petition becomes infructuous and is accordingly dismissed on that account. 7. Now, Ms. Harpreet Kaur is allowed to go along with her parents and it shall be ensured by the administration that no interference should be made in their peaceful living and if required, they have to be given protection by the administration. ( R.B. Misra ), J. 11th May, 2011 ( Sanjay Karol),J. (sl)