SANDEEP KUMAR PATEL Vs. PULINDER SINGH

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India, the Petitioner has prayed for a Writ in the nature of habeas corpus directing the Respondent Nos 1 and 2, who are parents of his wife, Smt Nitu Singh, with a further direction to the Respondent Nos 3, 4, 5 and 6 to recover and produce her before this Court by liberating her from forceful custody of Respondent Nos 1 and 2.

(2.) The case of the Petitioner, in brief, is that both the Petitioner and Smt Nitu Singh are aged about 27 years. The Petitioner came in contact with Smt Nitu Singh when they were prosecuting their B. Com. course and they had become friends. The friendship blossomed into love over a period of time and after a courtship of about four years, after informing their respective parents, they solemnized their marriage in the year 2009 under the Special Marriage Act, 1984 before the Marriage Officer (M), Kamrup, Guwahati. After the marriage, they started living together as husband and wife along with the parents of the Petitioner.

(3.) At the time of marriage, Smt Nitu Singh was prosecuting her Masters Degree. After about 3 / 4 months of living together in the matrimonial house, Smt Nitu Singh wanted to go and stay with her parents so as to prepare herself for her ensuing M. Com. Final examination and also to be with her parents as her mother was undergoing medical treatment. Her parents were also living in Guwahati. After completion of her examination, Smt Nitu Singh requested the Petitioner to allow her to go to Hazipur, Patna with her parents for the purpose of treatment of her mother and accordingly, she had left for Bihar, on 14.3.2010.