Judgment CrlM No.399/2020: This application is filed on behalf of the applicant/ petitioner with a prayer that he may be allowed to file the accompanying petition without enclosing therewith the requisite Stamp Paper, Court fee, etc. 02. For the reasons mentioned in the application, coupled with submissions made at the Bar, the instant application is allowed and the applicant/ petitioner is permitted to file the accompanying petition, being WP(Crl) No.102/2020; CrlM No.400/2020, without enclosing therewith the requisite Stamp Paper, Court fee, etc. It is, however, directed that the said deficiency shall be immediately made good by the applicant/ petitioner, as and when the prevailing lockdown period, announced by the Government on account of outbreak of COVID-19 pandemic, comes to an end and the Courts start functioning in the normal manner. 03. In this petition, the petitioner claims that he and one Mst. Shayista D/o Sanaullah Bhat R/o Gamboora, Beeraw, Budgam, are legally wedded to each other in accordance with the provisions of the Muslim Personal Law and, to that effect, they have executed all the required documents enclosed herewith the instant petition. It is contended that from the very inception of the marriage, the private respondents were/ are causing constant threat to the life and liberty of the petitioner and his wife. These frequent threats, on part of the private respondents, is stated to have compelled the petitioner and his wife to approach this Court through the medium of petition bearing WP (C) No. 1000/2020, which came to be disposed of by this Court vide order dated 6th of July, 2020 by directing the Station House Officer concerned to provide protection to the petitioner and his wife. It is alleged that despite the aforesaid direction passed by this Court, the private respondents did not stop there and, in fact, succeeded in taking away the wife of petitioner and confining her at some unknown place/ destination. The petitioner has also pleaded that thereafter he made several requests to the private respondents to handover her wife (confinee) to him, but all his efforts fell in deaf ears, constraining the petitioner to file the present petition under Section 491 of the Code of Criminal Procedure (Cr. P.C.), wherein he is seeking a direction in the name of the official respondents to recover her wife (confinee), produce her before this Court and, subsequent thereto, handover her to the petitioner without any further delay. 04. P.C.), wherein he is seeking a direction in the name of the official respondents to recover her wife (confinee), produce her before this Court and, subsequent thereto, handover her to the petitioner without any further delay. 04. Heard the learned counsel for the petitioner, perused the pleadings on record and considered the matter. 05. Admittedly, the claimed wife of the petitioner is reported to be in her parental home with her brothers. It is settled legal position that a girl who is in her parental home with her brothers, as in the present case, cannot be said to be in illegal confinement. Besides, it is also no more res integra that for the purpose of seeking restoration of conjugal rights, the remedy available to the aggrieved party is to approach the civil Court and not this Court by way of a petition. 06. Apprised of and faced with the above situation, the learned counsel for the petitioner submits that although he is aware of the legal remedy available to the petitioner as regards restoration of conjugal rights, but in view of the circular guidelines issued by the Registrar General of this Court pursuant to the decision of the Full Court stipulating hearing of only urgent matters during the present lockdown period announced by the Government in view of outbreak of COVID-19 Pandemic, the petitioner could not avail of the aforesaid remedy despite all efforts. The learned counsel further submits that in fact the petitioner had approached the Court of learned Munsiff, Tangmarg with respect to his claim of restoration of conjugal rights, however, since the said forum did not take up the matter in view of the aforesaid circular directions issued by this Court, the petitioner was compelled to approach this Court for seeking some interim relief pending such proceedings before the Court below. It is also contended by the learned counsel that owing to the harassment/ threat to the life of his claimed wife, he had also lodged a complaint against the private respondents with the concerned police authorities and that when no action was taken on the said complaint, the petitioner approached the learned Judicial Magistrate, Magam for seeking issuance of process against the private respondents as well as protection to his claimed wife, which proceedings, as per the learned counsel, too, stand returned to the petitioner in view of the aforesaid circular guidelines issued by this Court. 07. In view of the above position obtaining in the matter and with the consent of the learned counsel for the petitioner, it is thought just and proper to dispose of this petition giving liberty to the petitioner to approach the Court of learned Munsiff, Tangmarg as well as learned Judicial Magistrate, Magam with an application seeking early and immediately hearing of the proceedings pending before the aforesaid Courts alongwith a copy of this order. On receipt of any such application, the Courts below shall, notwithstanding the circular instructions conveyed to them by the Registrar General of this High Court, take up the proceedings immediately and pass appropriate orders thereon on merits. 09. Ordered accordingly. 10. Disposed of as above alongwith the connected CrlM. 11. Copy of this order be forthwith send to the learned counsel for the petitioner through Virtual mode.