(1.) R. C. Deepak, J. On the joint request made by the learned Counsel for the parties I am taking this habeas corpus petition in my chambers.
(2.) THE present habeas corpus petition has been filed by petitioner No. 2 Putti Singh on behalf of petitioner No. 1 Sushma Singh stating therein that Sushma Singh is the legally wedded wife of Chhotey Lal alias Dinesh Singh and she is illegally being detained by opposite party No. 2 Karam Veer Singh the father of Sushma Singh. Notice was issued to opposite party No. 2 and in pursuance of the order dated 28-8-2000 Karam Veer Singh and his wife along with petitioner No. 1 Sushma Singh are present before me.
(3.) CONTRARY to this learned Counsel for the opposite party No. 2 contended that Sushma Singh was minor at the time of marriage and Chhotey Lal is detained in jail in the abduction case of Sushma Singh. Learned Magistrate concerned had already set Sushma Singh at liberty to go with Putti Singh aforesaid but the order passed by the Magistrate was set-aside by the Sessions Judge in Revision and custody of Sushma Singh was given to her father, therefore, there is no illegal detention of Sushma Singh by her father Karam Veer Singh. Replying the contention made on behalf of the learned Counsel for the opposite party No. 2 Mr. Agrawal submitted that Sushma Singh is a living human body, not a goods which can be handed over to any one. She is a married lady and mother of a child and major one, therefore, the Article 21 of the Constitution of India, provides adequate safe-guard to the liberty of a life for peaceful and meaningful living, therefore, Sushma Singh be permitted to go with her Jeth Putti Singh.