GANGA SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This criminal writ petition was instituted by Ganga Singh in this Court on March 14, 1988, for issuance of writ in the nature of habeas corpus for the production of respondent No. 3 (Ranjna Negi) alongwith her child against her father, respondent No. 2, (Ranjit Singh Chandel) and the State of Himachal Pradesh.

(2.) The averments in the petition are that prior to November 1986 both the petitioner and respondent No. 3 were studying in the Himachal Pradesh University in L. L. B. and M. A. classes respectively and they then decided to enter into a wedlock and the marriage was thus solemnised in accordance with the Hindu rites in the temple of SANATAM DHARAM at Simla on October 11, 1986. The marriage was duly registered with the Registrar of Marriages on December 15, 1986 and a copy of the registration certificate is at Annexure PI. Subsequent to the marriage, however, respondent No. 2 filed a criminal writ petition No. 28 of 1986 in this Court wherein he had alleged that the petitioner and his other friends belonging to the Students Federation of India (for short ˜S.F.I.) have kept respondent No. 3 in unlawful confinement so as to force her to marry the petitioner against her will and that a writ of habeas corpus be issued for her production in the Court.

(3.) During the course of the proceedings in that writ petition, however, when it was proved that respondent No. 3 had entered into matrimonial relations with the petitioner of her own free will, without any force or coercion from any quarter, which she was competent to do being above the age of 18 years, respondent No. 2 withdrew from the prosecution of that petition and the notice therein was discharged. Thereafter while the petitioner and respondent No. 3 were living together at Simla, respondent No. 3 became pregnant by the petitioner in April 1987. Be it stated that both the petitioner and respondent No. 3 have their parental houses in Kullu District. Respondent No. 2 is having his residential house at Bashang and the petitioner at Chhatan Seri at a distance of 8/9 Kms. from Bashang.