Supreme Court of India
Idrish Mohd. vs Memam And Anr. on 4 September, 1998
Equivalent citations: (2000)10SCC333, AIRONLINE 1998 SC 155
Author: Syed Shah Mohammed Quadri
Bench: Syed Shah Mohammed Quadri
ORDER
1. No one appears for the respondents even on second call. Leave granted. Heard the learned counsel for the appellant.
2. Claiming himself to be the husband of Respondent 1 and alleging that she was wrongfully confined by her parents, the appellant filed an application under Article 226 of the Constitution of India in the High Court of Punjab and Haryana seeking directions for her production in court and handing her over to him.
3. The High Court observed that it was not established that she was a major and that she was not willing to go to her parents. Accordingly, the High Court directed that Respondent 1 be kept in Nari Niketan, Karnal till any order is passed by any court of competent jurisdiction regarding her custody.
4. From the documents filed by the appellant before us, the genuineness of which has not been disputed by the State by filing any counter-affidavit, we find that she has attained majority by now. She cannot, therefore, be kept detained against her wishes. The impugned order of the High Court also indicates that she is willing to go only with the appellant. We accordingly allow this appeal and direct the Authorities of Nari Niketan, Karnal to release Respondent 1 forthwith.