1 WPHC No. 13 of 2025 2025:CGHC:43582-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPHC No. 13 of 2025 Suraj Banjare S/o Late Shri Pardeshi Lal Banjare Aged About 30 Years R/o Yadunandan Nagar, Tifra, P.S. - Sirgitti, District- Bilaspur, C.G. Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home Affairs, Mahanadi Bhawan, Atal Nagar, District- Raipur, C.G. 2 - Collector And District Magistrate District- Bilaspur, C.G. 3 - Superintendent Of Police District - Bilaspur, C.G. 4 - Superintendent Of Police District - Mungeli, C.G. 5 - Police Station- Sirgitti Through Its Station House Office, P.S. Sirgitti, Bilaspur 6 - Preeti Bandhle (Now Preeti Banjare) D/o Vimal Kumar Bandhle And Now W/o Suraj Banjare Aged About 24 Years R/o Daukanpa, District- Mungeli 7 - Shri Vimal Kumar Bandhle Aged About 55 Years R/o Daukanpa, District- Mungeli, C.G. Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Ashish Tiwari, Advocate For State : Mr. Shangarsh Pandey, GA RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.08.28 18:42:33 +0530 2 WPHC No. 13 of 2025 The respondent No.6 has been produced by the Police of Mungeli. Her father (respondent No.7) is also present before this Court. Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 28/08/2025 1. By way of the present petition in the nature of a writ of habeas corpus, the petitioner seeks a direction to the respondent authorities to produce his wife, namely Ms. Preeti Banjare (respondent No. 6), before this Court. 2. (a) Learned counsel for the petitioner submits that the petitioner has married respondent No. 6, who is a major and the daughter of respondent No. 7. It is stated that the marriage certificate, annexed as Annexure P/2 to the writ petition, evidences their marriage. The petitioner has also filed the mark-sheet of the Secondary School Examination, showing the date of birth of respondent No. 6 as 06/07/2001. It is further submitted that respondent No. 6 is being illegally detained by her father (respondent No. 7) against her wishes. (b) It is pleaded in the petition that, after a few days of marriage, the petitioner contacted respondent No. 6 over the phone, when she informed him that she was being forcibly confined at the house of 3 WPHC No. 13 of 2025 respondent No. 7, against her wishes. She also stated that she was being harassed physically and mentally by her family members, and that she wished to continue her marital life with the petitioner and move out of her father’s house. However, respondent No. 7 and other family members are not permitting her to leave the house and have kept her in confinement. (c) It is the specific case of the petitioner that respondent No. 6 is being kept in the illegal custody of respondent No. 7 against her wishes, despite being a major capable of making her own decisions. It is submitted that the action of respondent No. 7 violates the fundamental rights of both the petitioner and respondent No. 6, including the right to life and personal liberty under Article 21 of the Constitution of India, as well as the right to freedom of movement under Article 19. 3. This Court, vide order dated 23/07/2025, directed the Superintendent of Police, Mungeli, to produce respondent No. 6 before this Court on 13/08/2025, and also directed the petitioner to deposit a sum of Rs. 2,00,000/- before the Registry of this Court by 06/08/2025. In compliance with the said order, the petitioner deposited the said amount, as endorsed in the office note dated 07/08/2025. 4. On 13/08/2025, the father of respondent No. 6 appeared before this Court and stated that he was unaware of the present whereabouts of his daughter and that she was not residing with him. On the said date, this 4 WPHC No. 13 of 2025 Court directed respondent No. 4/Superintendent of Police, Mungeli, to produce respondent No. 6 before this Court today. 5. Pursuant to the order of this Court, respondent No. 6 has been produced by Mr. Nandlal Paikra, Sub-Inspector, Police Station Jarhagaon, District Mungeli (C.G.). Respondent No. 7, her father, is also present and has identified respondent No. 6 as his daughter. 6. On a query made by this Court, respondent No. 6 has categorically stated that she is a major and that she is residing with the petitioner on her own sweet will. 7. In view of the above, the present petition is allowed. Respondent No. 6 is at liberty to take her own decisions in accordance with her wishes. The amount of Rs. 2,00,000/-, deposited by the petitioner pursuant to the order dated 23/07/2025, shall be deposited in the form of an FDR in the name of respondent No. 6 in a nationalized bank for a period of five years. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/Gowri