146 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-39099-2026 (O&M) (PHHC011146782026) Date of Decision: 20.07.2026 SUNDER ALIAS SUNDER LAL …Petitioner V/S STATE OF HARYANA AND OTHERS …Respondents CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. R.K. Chaudhary, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG Haryana. **** SHALINI SINGH NAGPAL J. (Oral) The petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 seeks direction to respondents No. 1 to 3 to restore the custody of Kumari Manisha d/o Sunder @ Sunder Lal in accordance with her freely expressed volition recorded under Section 183 Bharatiya Nagarik Suraksha Sanhita, 2023, from the custody of respondent No. 5, in FIR No. 130 dated 15.06.2026 under Section 127(6) Bharatiya Nyaya Sanhita, 2023, Police Station Sadar Palwal, District Palwal; Learned counsel for the petitioner submits that on 14.06.2026, petitioner’s daughter was enticed away by respondent No. 5. FIR was registered against respondent No. 5 in Police Station Sadar Palwal, District Palwal. On 26.06.2026, petitioner’s daughter was recovered and produced before learned Illaqa Magistrate. Her statement under Section 183 Bharatiya Nagarik Suraksha Sanhita, 2023 was recorded. She stated that she would go home along with her parents, as her father would solemnize her marriage. However, in violation of the AJAY GOSWAMI 2026.07.21 14:56 I attest to the accuracy and integrity of this document CRM-M-39099-2026 (O&M) -2- statement, respondent No. 4-the investigating officer, handed over custody of Kumari Manisha to respondent No. 5. A representation was moved to District Administration by petitioner for securing custody of his daughter, but no action was taken. Notice of motion to official respondents only. Mr. Vikas Bhardwaj, AAG Haryana, who is present in Court, accepts notice on behalf of official respondents and submits that in her statement recorded under Section 183 BNSS, petitioner’s daughter disclosed that she had married respondent No. 5 and that she wanted to live with him. However, her father would formally marry her to respondent No. 5 and give her a send off from home and for now, she was willing to go home with her parents. He further submits that thereafter, petitioner’s daughter left with respondent No. 5. The police received a letter from her on 08.07.2026 informing that she was major and was living happily with respondent 5, after solemnizing marriage with him. Concededly, daughter of the petitioner is 20 years old. From the facts available on record and the representation made by the petitioner (Annexure P-4), it appears that petitioner’s daughter had gone with respondent No. 5 of her free will. No direction can be issued to respondents No. 1 to 3 to restore her custody to the petitioner in the exercise of inherent powers of this Court under Section 528 BNSS. The petition stands disposed of. Pending CRM(s), if any, also sand disposed of. (SHALINI SINGH NAGPAL) 20.07.2026 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2026.07.21 14:56 I attest to the accuracy and integrity of this document