KAMLESH SAINI Vs. STATE

JUDGEMENT

(1.) Petitioner, Kamlesh Saini filed this petition for Habeas Corpus seeking direction to the State to produce her minor daughter Reena Saini allegedly kidnapped by Munna @ Teams Dass s/o Vijay Dass. Petitioner also prayed for transfer of the case from local police to the Crime Branch and directions for arrest of Munna-respondent no.2.

(2.) Petition came up before the court on 20th January, 2006 when counsel for the State informed that police has received a letter from Reena Saini stating that she had left with respondent no.2 of her own accord. We, therefore, directed that couple be produced before us and in the meantime, respondent no.2 Munna @ Teams Das be not arrested. Ms.Reena Saini, daughter of the petitioner and Munna @ Teams Das, respondent no.2 appeared before us on 23rd February, 2006. Mr.Vijay Das, father of respondent no.2 also appeared.

(3.) Statements of Reena Saini, Munna @ Teams Dass, Vijay Dass, father of respondent no.2 and petitioner were recorded on oath. Reena Saini stated that she was in love with Munna @ Teams Das and her mother i.e petitioner was aware of this relationship. Petitioner was opposed to their relationship and was contemplating her betrothal elsewhere This led her to leave the house with Munna Ms.Reena Saini stated that she was the one who persuaded, rather forced Munna that they should get married. They both left for Rourkela in Orissa, where Munna @ Teams Dass who is a Mobile Phone Repairer, got a job Both of them got married under the auspices of an organisation called Anti Caste Marriage & One-child Family Organisation of India i e AMOFOI in Bhubaneshwar. A certificate of marriage was issued and both of them cohabited as husband and wife. Ms Reena Saini stated that she was an adult Her date of birth being 18 12 1987 A doctor's certificate opining her age to be 19 years based on X-ray and other examinations was also produced Ms Reena Saini further stated that after leaving home on 28th November, 2005, she had telephoned at her residence to talk to her mother. As her mother was not at home, she informed her maternal uncle with whom petitioner lives that she had gone with Munna and would be getting married to him Ms Reena Saini stated that she again spoke to her mother on 11th February, 2006