PARDEEP KUMAR Vs. CHANDIGARH ADMINISTRATION CHANDIGARH

JUDGEMENT

(1.) NEERU d/o Shri R.N. Sharma - respondent No. 2 is also present.

(2.) SHRI Pardeep Kumar has filed the present petition under Article 226 of the Constitution of India praying that a writ of habeas corpus be issued for the release of the alleged detenu -Neeru, as she is his legally wedded wife and has been wrongly confined by respondents 2 to 4. Vide order dated 1.12.1997, respondents 2 to 4 were directed to produce the alleged detenu Neeru. Neeru has been produced today by respondent No. 2.

(3.) I have separately interviewed Neeru, in the presence of the counsel for the parties. As per her own statement, she is an educated girl aged about 23 years. According to her she is a student of M.A. Certain photographs have been shown to her. Though she states that she has been photographed in these photographs but she was under duress of the petitioner. She categorically states before me that she was never married with the petitioner which assertion of the alleged detenu is being disputed by the learned counsel for the petitioner who even submitted that Neeru is the legally wedded wife of the petitioner and she was married with the petitioner in Arya Samaj Mandir on 29.6.1994 and after the marriage, the parties to the marriage cohabited with each other and out of the loins of the petitioner Neeru became pRegulation nt and was aborted later on. At this juncture, I do not want to give any findings with regard to the existence of a valid marriage. Neeru, however, categorically states before me that she does not want to go with the petitioner and she is not in the illegal confinement of respondent No. 2. In these circumstances, no directions can be given to respondents 2 to 4 for handing over the custody of Neeru to the petitioner. Let the petitioner may adopt a separate remedy according to law.