1 2025:CGHC:27142-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPHC No. 07 of 2025 Vasim Akram S/o Asfak Alam Aged About 25 Years R/o Mayapur, Lalbahadur Shastri Ward, Ambikapur, District Surguja, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - Superintendent Of Police Ambikapur, District Surguja, Chhattisgarh. 3 - Station House Officer, Police Station, Gandhinagar, Ambikapur, District Surguja, Chhattisgarh. 4 - Durga Soni S/o Late Shri Radheshyam Soni, R/o Mayapur, Ambikapur, District Surguja, Chhattisgarh. 5 - Divya @ Rani Soni D/o Durga Soni, Aged About 24 Years, R/o Mayapur, Ambikapur, District Surguja, Chhattisgarh. ... Respondent(s) For Petitioner : Dr.Sudeep Agrawal, Advocate For Respondents No.1 to 3/State : Mr.Shashank Thakur, Deputy Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.06.24 17:37:13 +0530 2 24.06.2025 1. Heard Dr.Sudeep Agrawal, learned counsel for the petitioner as well as Mr.Shashank Thakur, learned Deputy Advocate General appearing for respondents No.1 to 3/State. 2. The petitioner has filed this petition under Article 226 of the Constitution of India with following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of habeas corpus, commanding and directing the State authorities namely respondent no.2 / Superintendent of Police, Ambikapur, District Surguja (C.G.) and respondent no.3 / Station House Officer, Gandhinagar, Ambikapur, District Surguja (C.G.) as well as respondent no. 4 to produce the respondent no.5. 10.2 That, this Hon'ble Court may kindly be pleased to direct the girl / respondent no.5 to be released from the illegal custody of the respondent no.4, only after her consent and further be sent to Sakhi Centre, Ambikapur, District Surguja (C.G.) so that the petitioner as well as the respondent no.5 can solemnize marriage as per the Special Marriage Act. 10.3 Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 3. That, the petitioner belongs to Muslim Community whereas the 3 respondent no.5 is an Hindu but they like each other and are in relationship since last more than five years and both have attained the age of majority. Respondent No.5 is also a major girl and she also wish to marry the petitioner without any demur. The copy of the whats app chat between the petitioner as well as respondent no.5 would clearly show that they like each other and are ready and willing to marry but due to illegal detention of the respondent No.4 i.e. the father of the girl, she is unable to go outside the house and therefore respondent No.4 has illegally detained his child. 4. It is categorically submitted by the petitioner that respondent No.5 through her whats app number 88893 50201 has sent handwritten letter dated 15.06.2025 to the petitioner stating that she only wants to marry the petitioner and the parents of the girl threatened her to life and are forcing her to marry another person and if the marriage is not solemnized with the petitioner she will commit suicide. The aforesaid contention of respondent No.5 is true as respondent No.4 i.e. the father of the girl has made all preparation for arranged marriage of the girl with another person against her wishes. 5. It is also categorically submitted by the petitioner that respondent No.4 has illegally detained respondent No.5 without any authority of law and more so against her wishes knowing fully well that the petitioner as well as respondent No.5 like each other and despite 4 this fact is acting against the wishes of respondent No.5. Respondent No. 4 has restrained respondent No.5 his major girl to move freely and even not allowing her to go out of the house and also not allowing any person to meet her. That the petitioner is not going to meet the respondent no.5 as he has imminent threat / danger of his life and liberty. 6. Learned counsel for the petitioner submits that the petitioner and corpus are major and they like to each other. It is stated that the corpus has written a letter, a copy of which is annexed as Annexure P-4, whereby she states that she wish to go along with the petitioner. It is further stated that marriage of the corpus has been fixed on 27.06.2025, a copy of marriage card is annexed as Annexure P-5. It is stated that against her wish, respondent No.4 who is father, is performing the marriage. 7. We have heard learned counsel for the petitioner and perused the documents annexed with petition. 8. From perusal of the pleadings and documents, it transpires that the present petition has been filed on 18.06.2025 and has come up before this today. As respondent No.4 is the natural guardian of respondent No.5 / corpus, we do not want to interference with the matter as the petition has been filed by the petitioner at a belated stage and the marriage of respondent No.5 has been fixed on 27.06.2025 by the parents of the corpus who are the natural guardian and it would not proper for this Court to 5 interference in the matter at this stage. 9. Accordingly, the present writ petition is dismissed leaving it open to the petitioner to take recourse to law before appropriate forum. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu