PARTAP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is filed for directing the respondents to produce Suman Bala the daughter of the petitioner alleging that she has been in illegal custody of respondents Nos. 7 to 9.

(2.) ACCORDING to the petitioner his daughter Suman Bala was born on 8.9.1982 and she has been friendly with one Pooja who is the sister of Deepak alias Lucky respondent No. 7 and both of them used to go together in the locality and Pooja introduced her brother to Suman Bala. Thereafter respondents Nos. 7 to 8 kidnapped Suman Bala on 25.1.2000 when she was going to Shiv Mandir and she did not come back to the house. The petitioner lodged a complaint with the police which was registered as FIR No. 16 dated 1.2.2000. Therefore the petitioner is seeking a direction to produce his daughter Suman Bala and get her released from the illegal custody.

(3.) NOW this petition has been filed by the father of Suman Bala. Notice was given. In pursuance of the said notice Suman Bala was produced in the Court. Learned counsel for the petitioner argued that the date of birth of Suman Bala was 8.9.1982 and it was wrongly recorded as 8.9.1981 in the school registers. Therefore according to the learned counsel Suman Bala was a minor at the time of her alleged marriage with respondent No. 7 and he further urged that the SSP has not taken into account the entry of birth in the register of births and deaths maintained by the Municipal authorities. But the fact remains that at the time of admission the date of birth of Suman Bala was mentioned as 8.9.1981 in which case she attained majority on the date of her alleged marriage with Deepak. Though there are contradictory versions as to the age of Suman Bala it is not for this Court to determine whether Suman Bala was a minor or major at the time of marriage. I gave opportunity to the learned counsel for the petitioner to put questions to Suman Bala to satisfy himself whether Suman Bala on her own will married Deepak. It is no doubt true that Suman Bala belongs to Rajput caste and Deepak belongs to Mehra caste and the marriage between them is not to the liking of the parents of Suman Bala. The learned counsel for the petitioner questioned Suman Bala in my chamber. Suman Bala categorically stated to the learned counsel that she married Deepak on her own will without any pressure and she is living happily with Deepak. In these circumstances I am not in a position to direct the handing over of Suman Bala to the petitioner. Though the petitioner and her daughter Suman Bala belong to a different community to that of Deepak, it is better for the parents to reconcile themselves and see that their daughter lives happily without any further litigation. The petitioner may if so advised seek any other appropriate remedy available to him under law. This petition is accordingly disposed of. Order accordingly.