Rajasthan High Court - Jaipur
Sunil Kumar Jangid vs State Of Raj And Ors on 23 May, 2018
Bench: Mohammad Rafiq, Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Habeas Corpus Petition No. 89/2018
Sunil Kumar Jangid son of Shri Shankar Lal Jangid, aged about
24 Years, resident of Shiv Kripa Colony, Near Mobile Tower,
Reengus, District Sikar.
----Petitioner
Versus
1. The State of Rajasthan through Home Secretary,
Department Of Home Affairs, Government Secretariat,
Jaipur.
2. The Commissioner of Police, Police Headquarters, Jaipur.
3. The SHO, Police Station Shastri Nagar, Jaipur.
4. Kishan Lal Verma, resident of D-107, Prem Colony, Nehri
Nagar, Panipech, Jaipur.
----Respondents
For Petitioner(s) : Mr. Sunil Kumar Jangid, petition in person.
For Respondent(s) : Mr. B.N. Sandu, AAG.
Mr. Mahaveer Prasad, S.H.O., Police Station Shastri Nagar, Jaipur and Ms. Sanju, FC No. 8750 present in person.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order 23/05/2018 This habeas corpus petition has been filed by Sunil Kumar Jangid inter alia with the prayer that respondents be directed to recover his legally wedded wife Ms. Priya Verma, who in illegal detention of Respondent No. 4, Kishan Lal, her father.
Mr. Sunil Kumar Jangid, the petitioner is present in person and contended that his date of birth is 01.07.1994 and date of birth of Ms. Priya Verma is 03.03.1992. Both are major. Copies of their Secondary School Mark Sheets have been placed (2 of 3) [HC-89/2018] on record. They both fell in love and decided to marry each other. Their marriage was performed as per Hindu rites and rituals on 12.12.2017 at Arya Samaj Vivah Mandir at Ghaziabad, which was registered with the Marriage Registration Officer, Sadar-First, Ghaziabad on 12.12.2017 itself. Photographs of their marriage along with certificate of registration of the marriage have also been placed on record. The petitioner and Ms. Priya Verma are living together at Shiv Kripa Colony, Near Mobile Tower, Reengus, District Sikar as husband and wife. Respondent No. 4, father of Ms. Priya Verma suddenly kidnapped her. The petitioner has lodged a criminal complaint against him with Police Station Reengus. Copy of receipt of complaint has been placed on record. It is contended by the petitioner that his wife is in illegal detention. Despite, the petitioner approaching police authorities, no action was taken.
As per direction of this Court, Mr. Mahaveer Prasad, S.H.O., Police Station Shastri Nagar, Jaipur has produced Ms. Priya Verma. Her statement has been recorded by Deputy Registrar (Judicial) of this Court wherein she has claimed to be wife of the petitioner. She has stated that they were in contact for last two years and fell in love. Her parents were not agreeable to their marriage, therefore, she without informing to her parents went to Ghaziabad with the petitioner on 12.12.2017 where their marriage was solemnized in Arya Samaj Temple and their marriage was registered at Registrar's Officer, Ghaziabad. Thereafter, she returned her parents' house. She told her parents about the marriage on 01.05.2018. Thereafter, she went to her husband. However, her parents brought her back on 04.05.2018 on the assurance that they would perform their marriage as per Hindu (3 of 3) [HC-89/2018] Customs. But thereafter, she was not allowed to meet her husband. Now, she wants to stay with her husband, i.e. the petitioner. There was no compulsion of marriage with the petitioner and she has married him at her free will.
Having regard to the statement of the corpus, Ms. Priya Verma, we allow this habeas corpus petition with direction to S.H.O., Police Station Reengus, Sikar as also Superintendent of Police, Sikar to ensure that no harm is caused to the petitioner and Ms. Priya Verma and provide them safety and security as and when needed by them and also advise in writing to Respondent No. 4, father of Ms. Priya Verma for not causing any interference with their life.
(GOVERDHAN BARDHAR),J (MOHAMMAD RAFIQ),J Manoj/7