JUDGMENT 1. 1. This is a very strange Habeas Corpus Petition, which has come to this Court. The petitioner is the daughter. Respondent No. 8 is the real father. Respondent No. 9 was the mother, who is now dead. 2. Admittedly, the petitioner is major. After filing of the writ petition in this Court, on the basis of the complaint made by her father to the Judicial Magistrate, Jallundur (Punjab), she was required to appear on 3.3.1994 before the said Magistrate. 3. Respondent No. 8 is the real father. Respondent No. 9 was the mother, who is now dead. 2. Admittedly, the petitioner is major. After filing of the writ petition in this Court, on the basis of the complaint made by her father to the Judicial Magistrate, Jallundur (Punjab), she was required to appear on 3.3.1994 before the said Magistrate. 3. After filing of this Habeas Corpus Petition, she appeared and made the following statement in this Court:- esjk uke xqjizhr dkSj iq=h Jh vk'kh"k dkSj 'kqDyk mez & 21 o"kZ] fuoklh VkbZi 2] xka/kh uxj] t;iqj fnukad 3-3-1994 xokg dks 'kiFk fnykbZ xbZ & l'kiFk c;ku fd;k x;k fd eSaus egkjkuh dkWyst] ch0,0 f}rh; o"kZ dh ijh{kk 1992 o"kZ esa ikl dj yh FkhA mlds i'pkr~ eq>s yanu Hkstk x;k Fkk esjs firkth ds }kjk blfy, esa ch0,0 r`rh; o"kZ esa] eSa v/;;u tkjh ugha dj ldhA esjh tUe frfFk 4-11-1972 gSA esjs dkWyst esa v/;;u ds nkSjku vk'kh"k 'kqDyk dk ifjp; gqvkA 18-10-1993 dks eSaus esjh LosPNk ls vk'kh"k 'kqDyk ls fookg fd;kA geus ;g fookg vk;Z lekt eksrh dVyk] t;iqj esa fd;kA eSaus esjh tUe frfFk ds lEcU/k esa vk;Z lekt eksrh dVyk] t;iqj }kjk tkjh fookg izek.k i= fjV ;kfpdk ds lkFk layXu fd;s gSA 18-10-1993 dks 'kknh djus ds i'pkr~ eSa t;iqj esa fd vius firkth Jh fnyhi flag fxy ds lkFk jgh vkSj 18-10-1993 dks eSa vkSj esjs firkth t;iqj esa jgs firkth o ifjokj ds vU; lnL; tya/kj pys x;sA eq>s ;g le> esa vk;k fd os yksx tya/kj dgh vU; LFkku ij esjh 'kknh djus ds fy;s x;s gS fd eSa vius ifr ds ?kj xka/kh uxj pyh xbZA eSaus ;g 'kknh vius firkth dh vuqefr ysdj ugha dh Fkh D;ksafd eq>s muds ,slh vuqefr feyus dh vk'kk ugha FkhA esus lkl vkSj llqj us ;kuh fd vk'kh"k ds ekrk&firk us eq>s Lohdkj dj fy;k vkSj esa vius ifr ds lkFk xka/kh uxj] t;iqj esa jgus yx xbZA eSa 18-10-1993 dks vk'kh"k ds lkFk 'kknh djus ds i'pkr~ dHkh tya/kj ugha xbZ ysfdu blds iwoZ 4-7-1993 dks tya/kj vo'; xbZ Fkh vkSj ogka ij eq>s ;g /kedh nh xbZ Fkh fd ;fn rqeus dksbZ izkCye dh rks rqEgs ;gha [kRe dj nsaxsA blfy, eSa pqi jgh vkSj tya/kj esa 4-7-1993 dks eq>s Bhd ls ;kn ugha gS 'kk;n ml yM+ds dk uke lejthr gs ftlls lxkbZ dh FkhA ml oDr eSaus viuk ekul cukdj ;g r; dj fy;k Fkk fd eq>s vk'kh"k ds lkFk gh 'kknh djuh gS ysfdu tks /kedh nh Fkh rks eSaus ogka pqi jguk gh mfpr le>k esjs firkth dh vkxjk jksM+] t;iqj esa V~kaliksVZ dEiuh gS vkSj oks t;iqj esa gh 30 o"kksZa ls lifjokj jgrs vk;s gSA esjs ifr vk'kh"k 'kqDyk ds f[kykQ ;s vkjksi loksZij fujk/kkj gS fd oks eq>s tya/kj ls Hkxk dj yk;s FksA 'kknh ls iwoZ esa t;iqj esa gh jg jgh Fkh] t;iqj esa gh 'kknh dh vkSj 22-11-1993 dks eSa viuh ethZ ls gh vius ifr ds ?kj xka/kh uxj] t;iqj esa xbZA esjs firkth dk fuokl LFkku t;iqj esa 6 d] 18] tokgj uxj gSA eSa vHkh Hkh vius ifr vk'kh"k ds lkFk jg jgh gwWa vkSj mlds lkFk muds ?kj jguk pkgrh gwaA eSaus ;g ;kfpdk esjh vkSj esjs ifr dh thou j{kk gsrq lgk;rk izkIr djus ds fy, izLrqr dh gSA D;ksafd eq>s rFkk esjs ifr o lkl&llqj dks esjs firkth th vksj ls [kRe dj nsus dh /kefd;ka nh tkrh jgh gSA bl ;kfpdk esa eSaus iqfyl laj{k.k Hkh fn;s tkus dh izkFkZuk Hkh dh gSA uksV&& Jh [k.Msyoky tks fd izfr0 la0 8 Jh fnyhi flag dh vksj ls izLrqr gq, gS ftjg izLrqr djus dk volj fn;k x;k gS ysfdu Jh [k.Msyoky us ftjg djus ls badkj fd;k gS D;ksafd mUgksaus dgk fd fjV ;kfpdk dh dksih vkt gh nh xbZ gSA Jh [k.Msyoky us ;g Hkh dgk gS fd oks ftjg djuk pkgrs gS ysfdu vHkh oks ftjg ugha dj ldrs gS D;ksafd udy fjV ;kfpdk dh Jh ,0ds0 xqIrk }kjk vkt vkSj vHkh iznku dh xbZ gSA ftjg Jh ,l0vkj0 ;kno& ;g lgh gS fd vk'kh"k ds firkth }kjk ts0ih0 'kqDyk us esjs firkth fnyhi flag] pkpk izfeUnz flag oxSjg ds f[kykQ ds ,d f'kdk;r ,l0ih0 t;iqj flVh dks dh Fkh ftlesa mUgksaus ;g dgk fd ;s rhuksa O;fDr Jh fnyhi flag] izfeUnz flag oxSjg mUgsa /kefd;ka nsrs jgs vkSj muds ifjokj ds lnL;ksa dks mBokus dh /kefd;ka nsrs jgsA ;g Hkh esjs tkudkjh esa gS fd iqfyl Fkkuk xka/kh uxj esa esjs llqj Jh ts0ih0 'kqDyk dh f'kdk;r ij eqdnek ntZ dj eqdnek U;k;ky; esa izLrqr dj fn;k gSA ;g esjh tkudkjh esa ugha gS fd esjs llqj us tya/kj U;k;ky; esa dksbZ eqdnek yM+us ds fy, vkosnu fd;k gSA " xokg ds c;ku gekjs le{k fy;s x;s tks xokg dks i<+ dj lquk;k o le>k;k x;k xokg us c;ku i<+dj lgh gksuk Lohdkj dj gLrk{kj fd;sA " 4. Thus, she has made a categorical statement that she has married Ashish Shukla on 18.10.1993. Since then, she is living happily with him as his wife. After her statement before the learned Magistrate, she has given birth to a male child, as stated by Mr. Mahendra Goyal, appearing on her behalf. This fact has not been denied by the respondent's counsel. 5. From the facts of this case, it is evident that the petitioner married Ashish Shukla against the wishes of her parents. This is the cause of annoyance for them, with the result they filed a complaint before the Judicial Magistrate, Jallundur. The matter is still pending there. So far the proceedings before the Jallundur Court is concerned, we are not examining the legality of the same on the ground of territorial jurisdiction. 6. This Court, while exercising the power u/Art. 226 of the Constitution, has no jurisdiction to look into the validity of the order passed by the Punjab Court. The High Court can issue an order, direction or writ in the nature of habeas corpus, mandamus, prohibition and quo warranto for the enforcement of fundamental right or for any other purpose within the jurisdiction of the State. 7. Article 21 of the Constitution of India guarantees the protection of life and personal liberty which unequivocally provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. The right of life and personal liberty has been guaranteed as a fundamental right and for its enforcement, one could resort to Art. 226 or 32 of the Constitution. 8. The right of personal liberty broadly means freedom from physical restraint. The right of a person of being arrested or detained is a restraint on the rights connected with his personal liberty. 9. The said article which recognises the right of life and personal liberty, imposes a corresponding duty on the State to protect it and that can be done only by issuance of a writ or suitable orders in accordance with the law. Connected with it the equally important point to be considered is, at what stage, it should be enforced. 10. This Habeas Corpus Petition is based on the ground of threatened injury. Connected with it the equally important point to be considered is, at what stage, it should be enforced. 10. This Habeas Corpus Petition is based on the ground of threatened injury. The petitioner has sought the protection of this Court on the ground that if her right to liberty is not safeguarded, it will result in grave injustice to her and she would be arrested. 11. The respondents have contested this case on the ground that the habeas corpus petition is misconceived and liable to be rejected mainly on the ground that the petitioner is not in wrongful confinement of any person or authority. We find no merit in the objection. 12. In the case reported in Ram Sharan v. Union of India, AIR 1989 SC 549 , it was held that in order to constitute the deprivation, there must be some direct overt and tangible act which threatened the liberty of a person. 13. In the case reported in S.M.D. Kiran Pasha v. Government of Andhra Pradesh, 1990 (1) SCC 328 , the Supreme Court while considering the enforcement of the said right u/Arts. 32 & 226 of the Constitution of India and for protection of right from threatened or imminent violation has held that the right can be enforced at pre-violation as well as post-violation stage. Relief cannot be refused on the ground that unless the injury is caused the citizen has no right to invoke the jurisdiction of the Court either u/Art. 226 or 32 of the Constitution. 14. The objection of the respondents that this Court has no jurisdiction to examine the validity of the order passed by the Punjab Court, is perfectly correct. So we are not looking into the legality of the said order. Independent of that, we are deciding the matter relying upon the decision of the Supreme Court in the case of S.M.D. Kiran Pasha (supra). Even if the petitioner is not in the wrongful confinement, we are satisfied that there is imminent danger to her liberty, therefore, we are exercising our power at pre-violation stage. 15. The act of her father in filing a complaint against her at Jallundur itself is indicative of the fact that she can be arrested and detained any time. The petitioner is major and has got every sight to choose her husband. 15. The act of her father in filing a complaint against her at Jallundur itself is indicative of the fact that she can be arrested and detained any time. The petitioner is major and has got every sight to choose her husband. Her father's action in getting her arrested is not only cruel but illegal as well. It is a determined effort to spoil her happiness and causing a restraint on her personal liberty. It amounts to violation of her fundamental right. 16. Accordingly, for the reasons given above, without making any comment on the order of the Punjab Court, we hold that the action of the respondents Nos. 1, 2, 3, 6, 8 & 9 for her detention is wholly without jurisdiction. We also hold on the basis of her statement, that she is the legally wedded wife of Ashish Shukla and has a right to live with him. The right of personal liberty guaranteed u/Art. 21 of the Constitution cannot be interfered with, otherwise than in accordance with the law. 17. The habeas corpus petition succeeds and is allowed. 18. In pursuance of the interim order dated 3.3.1994, the petitioner had been given police protection, in view of the order which we have passed today, we are of the view that the police protection is no more needed. It may be withdrawn. In case she still wants police protection, she may apply for it and have the same, on payment to be made to the Government.Petition Allowed. *******