SHYAM LAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) SHYAM Lal petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India by filing the instant Habeas Corpus Writ Petition alleging that petitioner's daughter Saroj Rani is minor, her date of birth being 11.10.1994 as per school certificate (Annexure P -1) and she is in illegal detention of respondent No.4 Laxman Dass.

(2.) RESPONDENT No.4 in his reply has alleged that engagement of Saroj Rani was performed with respondent No.4 on 20.6.2010 and even petitioner and his wife Kailash Devi, i.e. both parents of Saroj Rani were present at that time. Marriage of respondent No. 4 with Saroj Rani was to be performed on 10.3.2011. However, marriage of Saroj Rani with respondent No.4 was actually performed on 19.6.2011 with free consent of Saroj Rani. It is also alleged that date of birth of Saroj Rani is 11.10.1992 and she is major. Respondent No.4 and Saroj Rani also filed Criminal Misc. No. M -19125 of 2011 in this Court seeking protection as they were apprehending threat to their life and liberty at the hands of petitioner herein and others. The said petition was disposed of vide order dated 22.6.2011. Certificate of National Institute of Open Schooling (An Autonomous Organization of the Ministry of Human Resource Development, Government of India) has been annexed as Annexure R4/3 to depict that date of birth of Saroj Rani is 11.10.1992 and she is accordingly major.

(3.) I have heard learned counsel for the parties and perused the case file.