BALWINDER SINGH @ BINDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Criminal Writ Petition under Articles 226 and 227 of the Constitution of India for issuance of a writ in the nature of habeas corpus, for the release of detenu Sarabjeet Kaur wife of Balwinder Singh, petitioner, and Akashdeep Singh, his son, from the illegal custody of respondent No. 3, has been filed by him (petitioner).

(2.) ACCORDING to the averments, contained in the petition, the petitioner and Sarabjit Kaur went to Chhattisgarh, where they performed their marriage in Arya Samaj, Kashi Nagar. Both of them were living happily. From their wedlock, one male child was born. It was stated that thereafter the parties approached the Collector/Marriage Officer, District Korba (Chhattisgarh) for registration of their marriage. The marriage of the petitioner and the detenu was registered. Copy of the marriage certificate is Annexure P-2. It was further stated that the mother of Sarabjit Kaur, detenu lodged FIR No. 40 dated 27.2.2006, in Police Station Valtoha, under Sections 363, 366 and 376 Indian Penal Code, in which the petitioner and his family members were arrested. It was further stated that Sarabjeet Kaur was detained in Nari Niketan, Jalandhar, as she did not want to go with her mother. It was further stated that the petitioner, after his release, went to meet his wife, who told him, that she did not want to stay, in Nari Niketan and wanted to go to her matrimonial home, with him. The petitioner requested the Superintendent of Nari Niketan, Jalandhar, to release Sarabjit Kaur, wife of the petitioner, but she refused to do so. It was further stated that detention of Sarabjit Kaur in Nari Niketan being illegal, and even her minor child could not be kept in the said Niketan, respondent No. 3, be directed to release them from such illegal custody, immediately.

(3.) IN pursuance of such direction, the record of the trial Court, the statement of Sarabjeet Kaur dated 17.4.2008 recorded by it, and the report of the District and Sessions Judge, Amritsar were received.