RAM BAHORI Vs. KARAN SINGH

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed on behalf of Sonia, by her alleged husband Ram Bahori for a writ, order or direction in the nature of Habeas Corpus Petition to release the alleged wife Sonia from the unlawful detention by her father Chhotey Lal and another.

(2.) In this writ petition both Ram Bahori and Sonia are arrayed as petitioners and affidavit in support of the petition has been filed by Ram Bahori.

(3.) The relevant allegations in the petition are that Sonia, aged about 22 years, and the petitioner Ram Bahori fell in love with each other and ultimately they decided to get themselves married but the father of the girl Chhotey Lal, respondent No. 2, did not agree to the proposal and wanted to marry his daughter with some other person for which Sonia did not agree. Under the above state of affairs it is averred that Sonia and Ram Bahori went to a temple and accepted each other as wife and husband before God. It will be relevant to point out that this is the only, averment in respect of the marriage of Ram Bahori and Sonia. It is further stated that both Ram Bahori and Sonia entered into a matrimonial agreement on the same day and got the same registered on 6-4-1987, photostat copy whereof has been filed as Annexure-1 to the writ petition. It is also averred in paragraph 7 of the petition that the father of Sonia lodged a First Information Report under Sections 363 and 366 of the Indian Penal Code. It is also relevant to point out that no further detail was given whether charge sheet has been filed in the Court in respect of the First Information Report against Ram Bahori. Under the above set of circumstances the prayer for a writ of Habeas Corpus Petition has been made by means of this petition. The petitioner, Ram Bahori, has also prayed that the respondent No. 2 be directed to produce Sonia before this Court so that her wishes may be enquired into and she should be set at liberty.