MOHAMMED AMIN Vs. DILIP SINGH TALUJU

JUDGEMENT

(1.) THE petitioner has filed this petition for issuance a writ of habeans corpus under Article 226 of the Constitution of India against the respondents on the allegations that Smt. Kamal Jeet Kaur and Amreen Begum is his legally married wife and is being illegally detained by respondent No. 1, her father, with a view to settle her marriage at some other place. It is also alleged that she is being tortured and is being threatened to divorce the petitioner and to undergo an abortion.

(2.) THE petitioner is a Mahomeden by birth. Kamal Jeet Kaur, aged about 25 years, is a Punjabi Hindu girl and daughter of respondent No. 1. The petitioner alleges that she became a Mahomeden by conversion and changed her Hindu name to a Muslim name, viz. Amreen Begum. On 7. 7. 1990, the petitioner married her at Sagar. The marriage was performed by Mufti of Sagar. Quazi Hafiz Mohammad issued a certificate of marriage (Annexure A ). Thereafter, they lived for some days at Sagar and also performed marital obligations. The petitioner further submits that he and his wife filed an application duly signed by both of them, before the City Magistrate, Sagar, for performance of special morning. Meanwhile she was arrested by Sagar Police and was produced before the City Magistrate, who handed over her to respondent No. 1 on 16. 10. 1990. The respondent No. 1 brought her to Jabalpur and is residing with him since then. The petitioner went to bring his wife to the house of the respondent No. 1 but was turned out and the reatened to be killed. The petitioner also alleges that she is pergnant. Respondent No. 1 and the female members of his family are trying for the abortion. The respondent No. 1 intends to perform her marriage at some other place. The respondent No. 1 is Dy. S. P. at Jabalpur and is trying to involve the petitioner falsely in some criminal case Under Section 363, IPC, registered by police station Ranjhi. The petitioner, therefore, obtained order of anticipatory bail from the Court of V Additional Sessions Judge on 26. 11. 1990, vide (Annexure-B) The petitioner prays for a direction to the respondent No. 1 to set Amreen Begum to liberty immediately and her restoration to his custody.

(3.) RESPONDENT No. 1 filed return denying the allegations of conversion to Muslim religion, or the adoption of Muslim name or the performance of marriage with the petitioner by Qaazi of Sagar. The also denies that both lived as husband and wife at Sagar. He, however, admits that the petitioner and Kamal Jeet Kaur jointly filed an application for performance of marriage under the Special Marriage Act. On 23. 12 1990, she filed another application Annexure-1, to the District Magistrate, with drawing her consent for marriage with the petitioner. He denies that Kamal Jeet Kaur is illegally detained. According to him, before 25th June, 1990, the petitioner abducted her and remained untraceable for quite some time. He lodged a report in police station Ranjhi, Jabalpur and the police registered an offence under Sections 363 and 366, IPC against the petitioner which is still under investigation. Kamal Jeet Kaur is not the lawfully wedded wife of the petitioner and as such he is not entitled to any relief.