M. Tabrej S/o M. d. Afridi v. State of Rajasthan through the Secretary
2019-07-01
ABHAY CHATURVEDI, SANDEEP MEHTA
body2019
DigiLaw.ai
ORDER : 1. The instant petition under Article 226 of the Constitution of India has been filed by the petitioner M. Tabrej seeking a writ in the nature of habeas corpus for the production of Mst. Pawan Preet allegedly in the illegal detention of her father the respondent No.4 Shri Ujagar Singh Sidhu, in this Court. 2. The petitioner alleges that he contracted Nikaah with Pawan Preet on 12.05.2008 but, soon after the marriage, the father of the girl illegally detained her and has kept her confined at his house against her wishes. The petitioner alleges that the girl wrote a letter to Hon’ble the Chief Justice of this Court and when an inquiry was got conducted through the police, the girl stated to the police officer concerned that she has been illegally detained by her father. The petitioner has offered an explanation for the delay in filing of the FIR alleging that he applied for the registration of the marriage and the certificate was issued to him in the year 2016 and thus, he could not approach the Court earlier for redressal of his grievances. 3. We have given our thoughtful consideration to the submissions advanced by the learned counsel Shri. Gurjar representing the petitioner and have gone through the material available on record. 4. Ex-facie, we find that the habeas corpus is nothing but a bundle of lies and is absolutely frivolous. The petitioner claims to have married Pawan Preet way back on 12.05.2008. There is not even a single document on record which can satisfy the Court that the petitioner made any effort whatsoever to seek the companionship of his wife through this prolonged interregnum of almost 11 years. The fervent plea put-forth by Shri Gurjar that the marriage certificate was provided to the petitioner in the year 2016 and thus, he was prevented from approaching this Court earlier, is also untenable for the reason that on a perusal of the marriage registration certificate (Annexure-3), it is clear that the marriage was registered on 13.05.2008. There is no material whatsoever on the record by which, this Court can be satisfied that the certificate was issued in the year 2016.
There is no material whatsoever on the record by which, this Court can be satisfied that the certificate was issued in the year 2016. Even if, there was any merit in this contention, then the petitioner, who is a government servant, could have approached the competent authority or the higher authority by way of a representation for issuance of the marriage registration certificate. The letter allegedly written by Pawan Preet to Hon’ble the Chief Justice, on which the petitioner heavily relies, also appears to be fabricated. It does not bear any date. There is no evidence which can satisfy us that the letter was ever received in this Court or that any inquiry was made thereupon. Thus, there is no material on record to satisfy the Court that the girl is illegally confined at her father’s house. 5. In backdrop of the above discussion, we are of the firm opinion that the petitioner has filed the instant habeas corpus petition for oblique and mala-fide motives and has misused the process of law. Hence, we dismiss the petition as being devoid of merit while imposing a cost of Rs.20,000/- upon the petitioner. The petitioner is given 30 days’ time to deposit the cost with the Registrar (Judicial), Rajasthan High Court, Jodhpur failing which, the District Judge, Sri Ganganagar shall take appropriate steps to recover the cost from the petitioner’s salary. Cost upon being realized shall be appropriated in the funds of State Legal Services Authority.