1 2025:CGHC:5451-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPHC No. 2 of 2025 Shankar Lal Gavel S/o Rajesh Kumar Aged About 21 Years R/o House No. 112, Nagar Para Vill. Purena Tah. Kharsia District - Raigarh (C.G.) Present Address Ganesh Chowk Patharripara District - Korba (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary Home Department Mantralaya Mahanadi Bhawan Atal Nagar Nava Raipur (C.G.) 2 - State of West Bengal Through Secretary Home Department Nabanna 13th Floor 325 Sarat Chatterjee Road P.S. Shibpur District - Howrah Pin 711102 (West Bengal) 3 - Sanjura Parveen D/o Akibuddin R/o Vill. Agdimati Post Office Panchdimthi P.S. Islampur District - Uttar Dinajpur (W.B.) Pin Code 733202 4 - Akibuddin R/o Vill. Agdimati Post Office Panchdimthi P.S. Islampur District - Uttar Dinajpur (W.B.) Pin Code 733202 5 - S.H.O. Police Station Civil Lines Rampur Tah. And District -Korba (C.G.) 6 - S.H.O. Police Station Islampur Teesta Pally District - Uttar Dinajpur (West Bengal ) Pin Code 733202 ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Satyendra Srivas, Advocate For Respondent-State : Mr. S.S. Baghel, Dy. Govt. Advocate ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.31 11:04:29 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 30.01.2025 1 Heard Mr. Satyendra Srivas, learned counsel for the petitioner and Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/respondents No.1, 5 and 6. 2 The petitioner has filed this petition with the following prayers:- “10.1 Call for the entire records of the proceedings from the respondent authority. 10.2. Direct the respondent authorities to present the resp. no. 3 / Sanjura Parveen before the Hon'ble High Court. 10.3 Direct the respondent no. 4 to hand over the resp. no.3/Sanjura Parveen to Petitioner or pass any other order which the Hon'ble court deems fit and proper in the interest of justice.” 3 Brief facts of the case, are that, petitioner and respondent No.3/ Sanjura Parveen who is resident of West Bengal have met through online game in the year 2023, thereafter they both started liking each other and soon they were in love relation. Respondent No. 3 has attend 3 the age of majority and in the month of November, 2024, respondent No.3/ Sanjura Parveen informed the petitioner that her parents are forcing her to marry by their choice, against her will, as also told that she wanted to marry him, thus requested the petitioner to take her alongwith him. On 26.11.2024, the petitioner went to Islampur (West Bengal) where respondent No.3/Sanjura Parveen came there and met with him, thereafter they both decided to marry and returned to Korba 31.11.2024. On 07.12.2024, the petitioner has put Sindoor and tie Mangalsutra to respondent No.3/ Sanjura Parveen at Sarbangla Temple at Korba since both have attained the age of majority and married together with their own free will and thereafter, they both were residing as husband and wife. On 04.01.2025, mother of the petitioner received phone call from Police Station Civil Lines at Rampur, District Korba and she was asked to appear before the Police Station alongwith petitioner and respondent No.3/ Sanjura Parveen. When the petitioner visited along with his mother, it was informed that a missing report has been lodged by parents of respondent No.3/ Sanjura Parveen at West Bengal, and thereby handed over respondent No.3/Sanjura Parveen to her uncle. On 08.01.2025, father of respondent No.3 made phone call to the petitioner, in which, respondent No.3 has admitted that she has been married to the petitioner and further stated that her father does not want her to live with the petitioner. 4 Learned counsel for the petitioner submits that the petitioner and respondent were in love relation and they had married only after 4 attending the age of majority. He further submits that respondent No.3 has been detained illegally by her parents as well as she is being forced to marry against her will while she wants to reside with the petitioner. 5 On a pointed query being made by the learned counsel for the petitioner regarding the age of the corpus, he has shown a copy of the birth certificate, according to which, she attained the majority. 6 Considering the facts and circumstances of the case, particularly the fact that there is no authorization given by the corpus for filing the instant petition; moreover, she is living with her parents, which cannot be said to be illegal detention, nothing survives in the present petition to be adjudicated by this Court. 7 In the result, we are of the opinion that the petitioner has failed to make out a case calling interference by this Court under Article 226 of the Constitution of India. The petition is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu