JUDGMENT :

1. The Special Appeal emanates from a judgment in the matter of habeas corpus whereby the learned Single Judge has dismissed the petition filed by the appellant.

2. A few facts may be set out, which would be relevant for considering the issue which arise in the present case.

3. The appellant/petitioner preferred Habeas Corpus Writ Petition No. 32498 of 2017 for issuance of a direction upon the respondent No. 2, therein Surendra Kumar to produce the corpus of the respondent No. 3, Shama Parveen @ Varsha Saini. The appellant/petitioner Shahzad claims that he has solemnized marriage with the respondent No. 3 on 15.12.2016 in accordance with customs, rites and rituals under the Mohammedan Law. Since the family members of the respondent No. 3 were causing interference in their marital life they had to approach this Court for protection of their life and liberty by filing Writ-C No. 60466 of 2016. On 21.12.2016 this Court issued a direction to the authorities for safety and security of their life and liberty. Thereafter petitioners were leading peaceful marital life. Their marriage was also registered at the office of Sub-Registrar, Ghaziabad.

4. On 23.3.2017, the respondent No. 2