IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HABEAS CORPUS PETITION NO.12 OF 2010 (Crl.) Sajid Ali ………Petitioner Versus State of Uttarakhand & another …Respondents Dated: April 29, 2010 Sri Prem Kaushal, Advocate for the petitioner Sri Amit Bhatt, Addl. GA for the State/respondent no.1 HON. DHARAM VEER, J. By means of this petition, the petitioner has sought writ in the nature of habeas corpus commanding the respondents to produce Smt. Garima @ Pinki @ Aisha Begum before the Court. Heard learned counsel for the parties and perused the entire material on record. The petitioner states that he was married with Smt. Garima @ Pinki @ Aisha Begum (daughter of respondent no.2) as per Muslim rituals on 22.2.2010 at Rampur, UP and also states that the marriage was an inter caste marriage. It is further stated that in the midnight of 19.3.2010, the respondent no.2 and some police personnel came and picked the petitioner and his wife from Dehradun. After reaching at Rudrapur, they released the petitioner and forcefully took his wife with them and since then she has been illegally detained by her parents and hence the petitioner has filed the present petition to produce his wife before the Court. A counter affidavit has been filed on behalf of the State along with which the statement of the victim recorded u/s 164 Cr.P.C. has been annexed. The victim has specifically stated in her statement that she was taken by the present petitioner and made to drink a cup of tea after which she became unconscious and when she came to senses she found herself at a difference place. She further stated that the petitioner also tried to commit rape with her forcefully and she was also forced to sign on 10-15 papers. When she resisted to it, she was not allowed to go home and was also beaten. She further stated that the petitioner also tried to outrage her modesty and her jwellery was also been taken. When her parents came to know about it, then she was brought at home. She has further specifically stated that she wants to reside with her parents only and does not want to go anywhere else. In view of the facts and circumstances of the case as well as on the basis of the aforesaid statement of the victim recorded u/s 164 Cr.P.C., it is proved that the victim Smt. Garima @ Pinki @ Aisha Begum does not want to reside with the petitioner and she wants to reside with her parents. The victim is a major and she is not in the illegal detention of her parents rather she is residing with her own sweet will with her natural guardians. Hence, the prayer, as sought by the petitioner, cannot be granted. For the reasons as aforesaid, the habeas corpus petition is devoid of merits and is accordingly dismissed. (Dharam Veer, J.) 29.04.2010 Rajeev Dang