KULVINDER KAUR Vs. JASBIR SINGH

JUDGEMENT

(1.) This habeas corpus petition has ultimately failed; Shyam Sunder Pathak as petitioner claims that Kulvinder Kaur and he are married. He further states that Kulvinder Kaur has been illegally detained by Jasbir Singh, her father and Darbara Singh, her brother. From the habeas corpus petition it appears that Shyam Sunder Pathak or Kulvinder Kaur and her parents were not strangers to him. He contends that he worked with the firm Mehrotra Udyog, which manufactures Pressure Cookers and this manufacturing concern is owned by the opposite parties. He talks of a love affair and elopement and a marriage. Thereafter, he says that Kulvinder Kaur continues in illegal detention and confinement of her parents. On these facts warrants were issued on this habeas corpus petition requiring the corpus of Kulvinder Kaur to be produced before the Court by Jasbir Singh, her father and her brother, Darbara Singh.

(2.) On the date fixed Kulvinder Kaur appeared having been produced by the opposite parties. A counter affidavit was filed by her father. This was replied by a rejoinder affidavit. By the time the counter affidavit was brought on record the case was taking another turn. Par from being a major Kulvinder Kaur was only a minor of 14 years. A certificate from the school was filed placing her ago on record. She is studying in class IX. A First Information Report had been filed on the disappearance of Kulvinder Kaur. It was registered under Sections 363 and 366 of the Indian Penal Code, in effect, on an allegation of kidnapping and abduction. Her father denied that there was any marriage or that she had written letters, which are on record.

(3.) Kulvinder Kaur expressed her desire that she would like to give her statement to the Court, in chambers. This proposition was put at the Bar in open Court. Counsel for the parties agreed. Kulvinder Kaur made her statement in chambers. She denied that she had been married. She stated that the marriage certificate was incorrect as she has never been to Varanasi. She denied that the love letters which were appended to the petition had been written by her.