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2020 DIGILAW 201 (HP)

Tara Chand v. State of Himachal Pradesh

2020-03-04

JYOTSNA REWAL DUA, L.NARAYANA SWAMY

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JUDGMENT : L. Narayana Swamy, J. 1. Tara Chand, father of the girl allegedly in illegal detention of respondent No. 4, has filed CWP No. 922 of 2020 seeking a writ of habeas corpus with a direction to the respondents to produce his daughter before the Court. 2. Pursuant to issuance of notice in the said writ petition, respondent No. 4 (one of the petitioners in CWP No. 841 of 2020) has appeared in the Court. Respondent No. 4, through his counsel, submits that since he has legally married with the daughter of the petitioner and they apprehend threat to their life and liberty, both of them have also filed another writ petition, being CWP No. 841 of 2020, seeking police protection. 3. Today, both the petitions have come up before this Court. 4. Respondent No. 4 submits that he has legally married with the daughter of the petitioner with her consent and that is why they have filed CWP No. 841 of 2020 with a prayer for providing police protection to them. 5. On the persuasive repeated requests made by the learned counsel for the father of the girl, this Court had some interaction with the girl and she was asked whether she has solemnized the marriage of her own will and wish, for which she replied that the marriage was solemnized of her own will and wish and she is living with her husband (respondent No. 4 in CWP No. 922 of 2020) voluntarily. 6. In view of the above facts and circumstances, we do not find any illegal or forcible detention/custody of the girl. Hence, CWP No. 922 of 2020 deserves to be dismissed and is dismissed accordingly. 7. Since it is an inter-caste marriage, that too, without the consent of the parents of the girl, a prayer, in CWP No. 841 of 2020, where daughter of the petitioner in CWP No. 922 of 2020 is also one of the petitioners, has been made for providing police protection. Hence, we feel that it is a fit case where police protection should be granted to the petitioners in CWP No. 841 of 2020. 8. Hence, we feel that it is a fit case where police protection should be granted to the petitioners in CWP No. 841 of 2020. 8. Having said so, CWP No. 841 of 2020 is disposed of granting liberty to the petitioners to move an appropriate application/communication to the local police and on receipt of such application/communication, the concerned police authorities are directed to extend the police protection to the petitioners in CWP No. 841 of 2020. 9. Pending miscellaneous applications, if any, are also disposed of accordingly.