Crl.Writ Petition No.498 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Crl.W.P.No498 of 2011 Date of decision:24.2.2011 Manpreet Singh ... Petitioner versus State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE JORA SINGH. Present: Mr.Dev Kumar, Advocate for Mr.G.P.S.Bal, Advocate, for the petitioner. ... JORA SINGH, J. Manpreet Singh filed this petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of habeas corpus for the release of Amandeep Kaur from the illegal custody of respondent No.3. Brief facts of the case are that Amandeep Kaur is the beloved of the petitioner. Against the wish of her parents, she intends to marry the petitioner and marriage was to be solemnized on 24.2.2011. Amandeep Kaur informed her father, respondent No.3, about her love affairs and intention to marry the petitioner. After marriage of the petitioner with Amandeep Kaur was fixed, then Amandeep Kaur was illegally detained by respondent No.3 with the help of his relatives. Amandeep Kaur being major has every right to choose her life partner with her own Will. I have heard learned counsel for the petitioner and have gone through the petition. Learned counsel for the petitioner argued that Amandeep Kaur is major and intends to marry the petitioner against the wish of her parents. Marriage was to be solemnized on 24.2.2011, but respondent No.3 has Crl.Writ Petition No.498 of 2011 2 illegally detained Amandeep Kaur. First of all, no documentary proof attached with the petition to show that Amandeep Kaur is major. Amandeep Kaur is staying with her father, i.e., respondent No.3. Custody of Amandeep Kaur cannot be illegal. Nothing on the file that marriage of the petitioner with Amandeep Kaur was to be solemnized on 24.2.2011. No letter from the side of Amandeep Kaur to the effect that she has love affairs with the petitioner and was intending to marry him. No allegation that Amandeep Kaur was staying with the petitioner and from the custody of the petitioner, Amandeep Kaur was taken away by respondent No.3. In case, Amandeep Kaur is in illegal custody of respondent No.3, then petitioner should have sent complaints to different authorities. Till today, no complaint to any authority. In case, notice is issued to the respondents and respondent No.3 appears in Court along with the alleged detenue, then question is whether direction can be given to the detenue to accompany the petitioner to marry him against the wishes of her parents. Petition was filed with ulterior motive to defame the detenue and her father, i.e., respondent No.3. Petitioner is advised to file complaint before concerned police station and in case complaint is filed, then the same is to be disposed of within one month after passing speaking order. For the reasons recorded above, petition without merit is dismissed. 24.2.2011 ( JORA SINGH ) pk JUDGE