Criminal Writ Petition No. 2478 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Criminal Writ Petition No. 2478 of 2011 Date of Decision: 2.12.2011 Sharmil alias Suman ... Petitioner Versus State of Haryana and Others ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Balraj Gujjar, Advocate for the petitioner. Mr. Anupam Sharma, Assistant Advocate General, Haryana, for respondents No.1 and 2. None for respondents No.3 to 7. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ in the nature of Habeas Corpus for release of petitioner-Sharmil alias Suman, who has been sent to Nari Niketan, Karnal, against her wishes by the Sessions Judge, Bhiwani vide order dated 31.10.2011 (Annexure P6). Learned counsel for the State, on instructions from Dilbag Singh, Head Constable, has submitted that in terms of the order dated 25.11.2011, Station House Officer, Police Station Badhra, had visited the house of respondents No.3 to 7 for effecting service of notices upon Criminal Writ Petition No. 2478 of 2011 2 them. But they refused to accept the same. In view of the statement made by learned counsel for the State, respondents No.3 to 7 are proceeded against ex parte. In the present case, petitioner-Sharmil alias Suman along with her husband Kamal had approached the Sessions Court, Bhiwani, for providing security. It was brought to the notice of Sessions Judge, Bhiwani that both of them, being major, had performed marriage in Arya Samaj Mandir, Delhi. The parents of petitioner, on appearance, had disputed her date of birth. According to the petitioner, she was born on 9.8.1992, whereas as per the stand taken by her parents, her date of birth is 24.12.1995. The Sessions Judge, Bhiwani, had ordered that till the dispute regarding the age of petitioner is decided by the competent Court, the custody of petitioner cannot be handed over to her husband Kamal. This Court, in its order dated 25.11.2011, had observed that the petitioner, being a lawfully wedded wife of Kamal, is entitled to stay in her matrimonial home according to her own wishes. Kamal can be prosecuted for having enticed away a minor girl from the custody of her guardian or for performing marriage with her, but personal liberty of the petitioner cannot be curtailed and she can not be deprived of her stay in the matrimonial home. That being so, this Court is unable to uphold the order dated 31.10.2011 (Annexure P6) and the same is hereby quashed. In case, the petitioner has not furnished bonds, in terms of the order dated 25.11.2011, passed by this Court, she be set at liberty forthwith. Criminal Writ Petition No. 2478 of 2011 3 With the observations made above, the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge December 2, 2011 “DK”