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2018 Supreme(P&H) 4077

DAYA CHAUDHARY
Mohd. Samim – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Inderjeet Singh, Advocate, for the Petitioner; Chetan Sharma, AAG, Haryana, for the Respondents-State No. 1 to 3; Sarfraj Hussain, Advocate, for the Respondent No. 4

JUDGMENT

Daya Chaudhary, J. - Criminal Misc. No. W-155 of 2018

This application has been moved for placing on record Annexure P-5.

2. Application is allowed and Annexure P-5 is taken on record.

Criminal Writ Petition No.532 of 2018

3. Petitioner-Mohd. Samim has filed the present petition under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus to produce detenue, namely, Tasliman, who is confined in Safe House (Protection Home) at Nuh, District Nuh (Mewat) Haryana against her will and to get her released from illegal custody and to hand over to him being her husband.

4. As per case of the petitioner, he and detenue-Tasliman performed 'Nikah' on 03.06.2018 with their free will and consent. Thereafter, FIR No.3l0 dated 26.05.2018 was registered under Sections 363, 366-A IPC at Police Station Nuh by respondent No.4. The marriage is valid as the detenue has attained the age of puberty and she is major as per Muslim Law. The parents of detenue were not happy with the marriage as they wanted to get her marry with other person of their choice but the detenue was not ready. The petitioner and detenue filed Criminal Misc. No. M-25415 of 2018 before

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