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2021 Supreme(P&H) 24

JASGURPREET SINGH PURI
Ranjeet Kaur – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For The Appellant :Mr.Arun Takhi, Advocate
For The Respondent:Mr.Harpreet Singh Multani, AAG, Punjab. Mr.Harsh Chopra, Advocate

ORDER :

JASGURPREET SINGH PURI, J.

1. The present petition has been filed under Article 226 of the Constitution of India, with a prayer for issuance of a writ, order or direction especially in the nature of habeas corpus for the release of alleged detenue namely Neha wife of Harpreet Singh, resident of village Dhugga Kalan, Tehsil Garhiwala, District Hoshiarpur.

FACTS OF THE CASE

2. The petitioner herein is the real sister-in-law (Bhabhi) of one Harpreet Singh, aged 28 years son of Late Sh.Lashkar, resident of village Dugga Kalan, Tehsil Garhdiwala, District Hoshiarpur and has filed the present writ petition seeking writ in the nature of habeas corpus for release of one Neha, aged 16 years and 6 months who despite being below the age of 18 years married with aforesaid Harpreet Singh on 18.8.2020 in Prachin Pashupati Nath Shiv Mandir, MDC, Panchkula, as per the Hindu rites and rituals against the wishes of parents of Neha. Harpreet Singh belongs to Ad-dharmi caste which falls under SC category whereas Neha belongs to Lohar caste which falls under the backward category. The date of birth of Harpreet Singh is stated to be 18.1.1991 and is now about 30 years of age whereas date of birth of

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