Full Judgment
CRWP No.1272 of 2014 -1- IN THE HIGH COURT FOR THE STATESOF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.1272 of 2014 Date of Decision: August 19, 2014 Tarsem Singh …Petitioner Versus State of Punjab and others …Respondents CORAM: HON'BLE Mr.JUSTICE AMOL RATTAN SINGH Present:- Mr.Ajay Kumar Sharma, Advocate for the petitioner.
Mr.Vaibhav Sharma, DAG, Punjab Mr.A.S.Khinda, Advocate for respondents No.4 to 6.
*** Amol Rattan Singh, J.(Oral) This petition has been filed seeking production of Kulwinder Kaur, the alleged detenue, who is stated to be the wife of the petitioner.
The matter had been referred to me yesterday, at home, by the Registry, as recorded in the order dated 18.08.2014 (yesterday).Vide the said order, a Warrant Officer had been directed to be appointed, to accompany the petitioner to the places where he suspected that Kulwinder Kaur had been detained, allegedly against her will.
As per the report of the Warrant Officer, he had gone to Police Station Mullanpur, where he was provided due assistance in the form of police personnel, including the SHO himself, who accompanied him to the house of respondent No.4, i.e.the mother of the alleged detenue.
However, Kulwinder Kaur was not found there and it was also found that respondent No.4 is possibly not mentally capable of understanding things etc.The Warrant Officer, again accompanied by police VIKAS CHANDER personnel, after intimation to the Union Territory Police, is stated to 2014.08.20 14:49 I attest to the accuracy and integrity of this document Chandigarh CRWP No.1272 of 2014 -2- have gone to Village Malloya, at the house where it was suspected that Kulwinder Kaur was present; however, she was not found present there either.
Similarly, she was not found at 5/6 different locations where she was searched at the instance of the petitioner, as per the report of the Warrant Officer.
Be that as it may, the alleged detenue, i.e.Kulwinder Kaur, is present in Court today, along with respondents No.4 to 6, who have statedly brought her on their own.
The Middle School Examination Certificate of Kulwinder Kaur has also been produced in Court today by the SHO, Police Station Mullanpur, District Mohali, a perusal of which shows that her date of birth is 20.04.1996, thereby making her above the age of 18 yeaRs.even on the date of her marriage on 22.07.2014.
Kulwinder Kaur has admitted to the factum of her marriage with the petitioner but states that she no longer wishes to go back with him and wishes to go back with her mother.
She has been asked with regard to this repeatedly by this Court in open Court, as also in Chambers in the absence of her relatives, and she has stuck to her ground that she would not like to go back with the petitioner and will go back with her mother.
Obviously, nothing further remains to be done in this petition which has been rendered infructuous upon her production in Court and on her statement, being a major, as to with whom she would like to go back from here.
Learned counsel for the petitioner submits that she is allegedly under pressure from her family, because allegedly, a phone call was received by the petitioner from Kulwinder Kaur on 14.08.2014 and VIKAS CHANDER201408.20 14:49 I attest to the accuracy and integrity of this document Chandigarh CRWP No.1272 of 2014 -3- during the conversation between them, she is stated to have informed him that her maternal uncle withdrew money from her account and that her family, i.e.other than her mother, allegedly has an 'evil eye' on some land owned by her.
The truth and falsity of the above statement is obviously not subject matter of this petition, which simply seeks production of the alleged detenue in Court.
Further, it is for this Court to see that the alleged detenue is allowed to go as per her wishes where she wants to, once it is established that she is of the age of majority and of sound mind and is not under any threat, which does not appear to be the case at all.
It is to be noted that whereas admittedly she is only just above 18 years of age, but she is stated to be working in a company and is an earning hand.
If there are apprehensions with regard to any property moveable/immovable, of Kulwinder Kaur being under threat of usurpation by any person, that would obviously be subject matter of different proceedings on a different cause of action, before an appropriate forum and not before this Court in the present petition.
Before disposing of the petition, the efforts of the SHO, Mullanpur, need to be appreciated, inasmuch as he is stated to have given all possible help, including his personal assistance, to the Warrant Officer.
The present petition is disposed of as having been rendered infructuous, leaving the alleged detenue, i.e.Kulwinder Kaur, obviously VIKAS CHANDER201408.20 14:49 I attest to the accuracy and integrity of this document Chandigarh CRWP No.1272 of 2014 -4- free to go with her mother as per her wishes, or anywhere else that she wishes to go.
(AMOL RATTAN SINGH) August 19, 2014 JUDGE vcgarg VIKAS CHANDER201408.20 14:49 I attest to the accuracy and integrity of this document Chandigarh