SAHIL CHAUDHARY Vs. REKHA HIRALAL CHAUDHARY

JUDGEMENT

(1.) Heard learned counsel for the petitioner. By this petition, the petitioner seeks a Writ of Habeas Corpus to produce his wife who is illegally detained by respondent nos. 2 and 3, i.e. father and brother of the petitioner's wife.

(2.) Learned counsel for the petitioner submits that the petitioner and respondent no. 1 met in the year 2017 when they were studying in college, after which they became good friends. He submits that thereafter, the petitioner and respondent no. 1 decided to marry, pursuant to which the petitioner, a Muslim got himself converted to Hindu religion. He submits that the petitioner and respondent no. 1 got married at Vishweshwar Mandir, and the marriage has been registered by the Municipal Corporation by registration No. 50326202. He submits that thereafter, they were residing in their respective houses. Learned counsel relied on the marriage certificate and other documents in support of the submissions. He submits that respondent no. 1 informed the petitioner about harassment to her by her family members. He submits that respondent no. 1 then came to reside with the petitioner on 8 th February 2023. He further submits that respondent no. 1's father lodged a false complaint against his daughter i.e. respondent no. 1, alleging theft of cash and jewellery, which allegations were found to be false and baseless by the police of the Naya Nagar Police Station. According to the learned counsel for the petitioner, respondent no. 1, in her own handwriting, had given a statement wherein she stated that she and the petitioner got married by consent and that they wanted to live together and that nobody should separate them. He submits that despite the said letter addressed to Naya Nagar Police Station by respondent no. 1 in her own handwriting, Naya Nagar Police Station forcibly sent respondent no. 1 to her father's house despite the fact that respondent no. 1 was a major aged about 21 years at the relevant time. According to the learned counsel for the petitioner, respondent nos. 2 and 3 have taken respondent no. 1 to Rajasthan to get her married. He submitted that the same was informed by respondent no. 1 to the petitioner by making phone call. He submits that the petitioner has recorded the said conversation between the petitioner and respondent no. 1.

(3.) Having heard learned counsel for the petitioner and having perused the papers, we direct respondent no. 4 i.e. police of Naya Nagar Police Station, Mira Road, East, Mumbai, to produce respondent no. 1 before us on the next date at 10.30 am. A lady constable from Naya Nagar Police Station be deputed to bring respondent no. 1 from Rajasthan or from any other place where respondent no. 1 is staying, and produce before us on the next date.