IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.WP No.12 of 2011. Decided on:June 16, 2011. Himanshu Massey …..Petitioner. VERSUS State of H.P. and Ors. …..Respondents. Coram The Hon’ble Mr.Justice R.B.Misra, Judge. The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner: Ms.Archana Dutt, Advocate. For the Respondents: No. 1 & 2. Mr.R.K.Sharma, Sr.Addl. Advocate General R.B.Misra, Judge. Petitioner Himanshu Massey has filed this Criminal Writ Petition with the following prayer: “The writ in the nature of habeas corpus may kindly be issued and the respondents may kindly be directed to produce the girl in this Hon’ble Court and the respondents may also be directed to grant proper protection to the girl Ms. Sonam Verma.” 1. It has been submitted that petitioner is intimately known to Ms Sonam Verma, the daughter of Sh. Ravinder Verma, resident of village and PO Dhalon, Tehsil & District Kangra, HP. Ms.Sonan Verma, aged about 22 years, has been pursuing her study of B.Tech from Lovely Professional University, Jallandhar and is about to complete 4th year of the course. It has been stated by the petitioner that being a well-wisher, he is interested in the welfare of Ms. Sonam Verma. Ms. Sonam Verma has been kept in Nari Sewa Sadan, Shimla. 2. We have issued notice to the State Government to produce Ms. Sonam Verma. In reference to our order dated 14.6.2011, she has been produced before this Court under the custody of LC Lata No.1470 PP Sanjauli and LC Promila No. 1191, PS, Dhalli, Smt. Santosh Sharma, Superintendent Nari Sewa Sadan, Sh. Deep Ram, Cook, Nari Sewa Sadan and Mr. Onkar Chander, Tehsil Welfare Officer, Shimla (representative of District Welfare Officer, Shimla). 3. Sh.Ravinder Verma, the father and Smt. Anjana Verma, the mother of Ms. Sonam Verma are also present before this Court. They have also been heard. We have also heard Ms. Sonam Verma, produced before us, individually and in presence of parents as well as in the presence of Sh.R.K. Sharma, Senior Additional Advocate General. As has been gathered Ms. Sonam Verma is a major girl, and is eager to pursue her study, she is in love with Sh.Himanshu Massey. The petitioner herein wants to marry with him. According to Ms. Sonam, Himanshu Massey is also major. 4. It has been submitted by Mr. R.K. Sharma, Sr. Addl. AG that since the petitioner is not married with Ms.Sonam Verma, as such, he has no locus standi to take her with him and the petitioner has no legal right to claim custody of Ms. Sonam Verma. Only after marriage, irrespective of their caste and religion, the State Government is obliged to give protection to them in view of the verdict and observations of Hon’ble Supreme Court in Lata Singh Vs. State of UP and another (2006) 5 SCC 475. 5. In all fairness, Mr. R.K. Sharma, learned Senior Additional Advocate General submits that since the girl has been produced before this Court, as such, cause of action does not survive and the writ petition becomes infructuous. 6. After hearing Ms. Sonam Verma, we allow her to go and pursue her study or to stay at the place of her choice. She is at liberty to go either along with her parents or stay in hostel or elsewhere at the place of her choice. In the welfare of her career and life, she may take her own decision. No one including the parents or the administration is expected to interfere in the peaceful living of Ms. Sonam Verma except she is involved in illegal acts. She is at liberty to choose anyone for marriage provided marriage is not legally prohibited. The prayer of Ms. Sonam Verma that she want to get marriage with Himanshu Massey can neither be allowed at this stage nor any comment could be made by this Court. It is observed that Ms. Sonam Verma shall have to be provided protection of police as well as of administration, if required by her regarding carrying her life with dignity and honour. 5. Henceforth, she is being allowed to be released from Nari Sewa Sadan, Mashobra. In view of the above observations, writ petition is disposed of. Copy of this order be given to Ms. Archana Dutt, counsel for petitioner, Ms. Sonam Verma, as well as Mr. R.K. Sharma, Learned Senior Advocate General appearing for the State. ( R.B. Misra ), J. ( V.K. Sharma), J 16th June, 2011 (sl)