Sham Sunder, J.

1. This Criminal Writ Petition under Articles 226 and 227 of the Constitution of India for issuance of a writ in the nature of habeas corpus, for the release of detenu Sarabjeet Kaur wife of Balwinder Singh, petitioner, and Akashdeep Singh, his son, from the illegal custody of respondent No. 3, has been filed by him (petitioner).

2. According to the averments, contained in the petition, the petitioner and Sarabjit Kaur went to Chhattisgarh, where they performed their marriage in Arya Samaj, Kashi Nagar. Both of them were living happily. From their wedlock, one male child was born. It was stated that thereafter the parties approached the Collector/Marriage Officer, District Korba (Chhattisgarh) for registration of their marriage. The marriage of the petitioner and the detenu was registered. Copy of the marriage certificate is Annexure P-2. It was further stated that the mother of Sarabjit Kaur, detenu lodged FIR No. 40 dated 27.2.2006, in Police Station Valtoha, under Sections 363, 366 and 376 Indian Penal Code, in which the petitioner and his family members were arrested. It was further stated that Sarabjeet Kaur was detained in Nari Niketan, Jalandhar, as s