SHAMSHER Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) Petitioner Shamsher Singh has filed the present petition under Article 226 of the Constitution of India for issuance of a direction in the nature of Habeas Corpus for releasing of detenue Geeta, the alleged wife of the Petitioner, from Nari Niketan (respondent No.2) as she was kept by the police in Nari Niketan since 9.8.2009.

(2.) The case of the petitioner is that petitioner got married with Geeta on 5.5.2009 against the wishes of the parents of Geeta and marriage certificate dated 5.5.2009 is attached as Annexure P-1 with the petition.

(3.) Learned counsel for the petitioner submits that the petitioner and his wife Geeta came to Chandigarh on 8.8.2009 for taking blessing of their respective parents and Geeta was forcibly taken away by the police. Medical examination of Geeta was got conducted and she was found of having 2 months' pregnancy which was got terminated at the instance of mother of Geeta without consent of the petitioner. The local police of Sector 26, Chandigarh, sent Geeta in Nari Niketan and since then she is in the custody of respondent No.2. It is further submitted by the learned counsel for the petitioner that Geeta is 19 years old and the marriage was solemnized with free will and without any pressure.