2012(1) LAW HERALD (P&H) 573
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Kanwaljit Singh Ahluwalia
Criminal Writ Petition No. 1943 of 2010
Satnam Singh
v.
State of Punjab & Ors.
{Decided on 14/03/2011}
Child Marriage--Wife being a child can stay with her husband--It is a different matter that husband can be prosecuted for the offence under Act of 2006.
(A) Constitution of India,1950, Art.226--Writ of Habeas Corpus--Whether a lawfully wedded wife can be uprooted from her matrimonial home and forcibly be asked to leave her husband & accompany her parents?--NO--Held; that if the detention is unlawful and somebody is detained against his/her wishes, only then the court will issue a writ of Habeas Corpus. (Para 7)
(B) Prohibition of Child Marriage Act, 2006--Wife being a child can stay with her husband--It is a different matter that husband can be prosecuted for the offence under the Prohibition of Child Marriage Act, 2006. (Para 8)
Mr. Kanwaljit Singh Ahluwalia, J. (Oral): - The present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus for immediate release of Parveen Kaur, daughter of the petitioner, who is alleged to be illegally confined by respondents No.4 and 5.
2. Case of the petitioner is that Parveen Kaur alias Pooja is his daughter, who was born on 15.1.1995. In support of this, a reliance has been placed upon Birth Certificate (Annexure P1) issued by the Sub Registrar, Births and Deaths, Amritsar. It is pleaded in the writ petition that on the night intervening 3/4.10.2010, Parveen Kaur alias Pooja, daughter of the petitioner, was found missing from the house of her parents. All efforts, made by family of the petitioner, to trace out Parveen Kaur alias Pooja, proved futile. Lateron, the petitioner learnt that his daughter had left the house with a boy named Kawaljit Singh, respondent No.4. It is also an admitted case of the petitioner that respondent No.4-Kawaljit Singh had solemnized marriage with his daughter Parveen Kaur alias Pooja and they had filed Criminal Misc. No. M-29456 of 2010 in this Court on 4.10.2010, a copy whereof has been annexed with the present writ petition as Annexure P2. In the petition, so filed, the newly married couple stated that they had solemnized their marriage at Arya Smaj Mandir, Sector 22-B, Chandigarh. To prove the fact of their marriage, they had relied upon photographs also. In the petition (Annexure P2), Parveen Kaur alias Pooja stated her age as 21 years. It was further stated in the petition that since daughter of the petitioner and her husband belong to the different castes, therefore, their marriage was not accepted by father of Parveen Kaur alias Pooja. In the said petition, Parveen Kaur alias Pooja, daughter of the petitioner, had sworn an affidavit, in support thereof, and the same has been annexed as Annexure P3. She raised an apprehension therein that she may be the victim of honour killing. The above said petition was listed before learned Single Judge of this Court, who had issued notice for 8.12.2010 and an interim direction was issued that the petitioners, in the petition (Annexure P2), shall not be forcibly taken into custody by any of the respondents therein, on the allegation that daughter of the petitioner has been kidnapped by her husband. According to learned counsel for the petitioner, lateron the said petition was dismissed as withdrawn.
3. On 18.1.2011, Parveen Kaur alias Pooja appeared in this Court and her statement was recorded by this Court, which reads as under:-
“...I was a student of 5th class in village Bauli. I am aged 19 years. I had married Kawaljit Singh son of Krishan Singh according to my own free will four months ago. We are married at Chandigarh. After marriage, I have been named as Pooja by my inlaws. I had filed Criminal Misc. No. M-29456 of 2010 seeking protection of me and my husband’s life and liberty. I am happily married and residing with my inlaws. I do not want to accompany my father. I want to live in my matrimonial home. Xxxmn by Mr. Harsh Garg, Advocate.
Nil.
Opportunity given...”
4. In her statement, Parveen Kaur alias Pooja has stated, in categoric terms, that she is married with respondent No.4-Kawaljit Singh and is residing happily with her in-laws. She refused to accompany her father. This Court has also ordered that to determine the age of Parveen Kaur alias Pooja, her ossification test be carried out at General Hospital, Sector 16, Chandigarh. A report of the ossification test is before this Court, wherein it is stated that radiological bone age of Parveen Kaur alias Pooja is between 14 to 16½ years and dental age is between 14½ to 15½ years. This Court has a lot to comment upon the ossification test, as taking up the radiological bone age and dental age together into consideration, final opinion was not given by the Board of Doctors.
5. Be that as it may, it is a
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