PRASHANT SHARMA Vs. STATE

JUDGEMENT

(1.) THIS petition for habeas corpus has been filed by the petitioner Prashant Sharma who claimed to be the husband of the alleged detenue Sakshi D/o Shri Hari Shanker Vyas - respondent No. 4.

(2.) CONSIDERING our view taken earlier in the case of Suresh Kumar Yadav vs. Chiranjilal Yadav, reported in 1996 (3) WLC 303, we thought it appropriate to issue show cause notice to the respondents including the parents provided the so called husband/petitioner herein deposits Rs. 5,000/- by way of cost as we considered appropriate that a detenue, who is claimed to be the wife by the petitioner and is alleged to be in the illegal detention of her parents, should normally not be summoned to the court unnecessarily jeopardising her reputation including that of her parents when the hidden motive of the petitioner more often than not, is pressurise the alleged detenue for obtaining her consent to agree to the marriage in which the petitioner alone is interested.

(3.) EXAMINING the wishes of the detenue in the light of this view, we talked to the girl and she stated in unequivocal terms that she is living willingly with her father and she does not know the petitioner nor she is the person in the photographs. Be that as it may, once she has expressed her wishes that she is not under illegal detention of her father and is living willingly with him and that she does not even know the petitioner, there is no scope left for entertaining this petition as it hardly needs to be emphasised that a petition for habeas corpus is fit to be entertained only if the person is prima facie proved to be in illegal detention.