NIRMALJIT KAUR
Kammu – Appellant
Versus
State Of Haryana – Respondent
Nirmaljit Kaur, J.
1 Respondent No. 5 i.e. Jekam along with Sarjeena had filed Criminal Misc. No. 9799 of 2009, stating that both the petitioners were major and that they have got married against the wishes of their parents. Thus, they apprehend danger to their life and liberty. It was further stated that the age of Sarjeena was 18 years. In order to support the fact that her age was above 18 years, a photocopy of the ration card was placed on record as P-1. An affidavit, in support of her age, was also filed.
2 In view of the averments, a direction was issued to "Superintendent of Police, Mewat to look into the matter and provide necessary security, if need be."
3 Therefore, the present petition under Article 226 of the Constitution of India is filed by the uncle of Sarjeena, praying for issuance of a writ of Habeas Corpus to recover the detenue, namely, Sarjeena alleged to be minor of the age of 14 years and 5 months at the time of marriage but more than 15 years at the time of filing of writ petition, from the custody of respondent No. 5-Jekam son of Md. Mummal, resident of VPO Mahun, Tehsil Ferozepur Jhirka, District Mewat, alleging himself to be the husband of Sarjeena
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