LAWS(UTN)-2005-8-16

SANJEEV KAUSHIK Vs. STATE OF UTTARANCHAL

Decided On August 09, 2005
Sanjeev Kaushik Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) BY the present writ petition the petitioner has prayed a writ in the nature of habeas corpus directing the respondents No. 2 and 3 to produce the wife of the petitioner Smt. Sonia in safe and sound condition before this Court. Further prayer is made for a writ of mandamus directing the respondents No. 2 and 3 to handover safe and sound custody of Smt. Sonia to the petitioner.

(2.) BRIEFLY stated, Smt. Sonia is major and her date of birth is 14-11-1981. She has passed M.A. in the year 2002. The petitioner has submitted that the respondents No. 2 and 3 and other family members of Smt. Sonia were deadly against the marriage of the petitioner and Smt. Sonia. The petitioner and Smt. Sonia has solemnized marriage in a temple at Sonipat on 12-10-2002. They have also got their marriage registered with the Registrar, Hindu Marriage, Roorkee on 12-5-2005.

(3.) THE petitioner has also filed a supplementary affidavit enclosing a letter of Smt. Sonia addressed to the petitioner Sanjeev Kausik. This letter read over to Smt. Sonia in the Court and she has stated that the letter was written by her. She has narrated in the letter that it is not possible for her to live with her parents. She has also written that her father has beaten her.