- (1.) R. C. Deepak, J. The petitioner Smt. Rachana Ghaurasia wife of Karamveer Singh daughter of Param Lal resident of Mohalla Samad Nagar, Post Office Mahoba, Police Station Kotwali - Mahoba, District Mahoba has filed this Habeas Corpus Writ Petition against the respondents Karamveer Singh allas Raj son of Preetam Singh resident of Gandhi Nagar, near Private Bus Stand, Police Station Kotwali - Mahoba, District Mahoba and Smt. Poonam Singh wife of alleg edly Karamveer Singh resident of aforesaid Gandhi Nagar with a prayer to issue a writ, order or direction in the nature of mandamus against them commanding and directing them to produce and hand over her minor daughter Km. Anjali before the Court, mainly on the grounds inter-alia that the petitioner/smt. Rachana Chaurasia and respondent No. 1/karamveer Singh fell in love and got married, that the peti tioner is the legally wedded wife of Karamveer Singh and a daughter named Anjali was born on 14-4-2002 of their wedlock, that Km. Anjali was in her lap and under her lawful guardianship, that respondent Karamveer Singh remarried Poonam Singh and thus he ruined the marital life of the petitioner, that he forcibly took away her daughter Km. Anjali from her lawful guardianship, that Karamveer Singh tortured the petitioner and turned her out from his house and since then the petitioner is living with her parents and in this regard she made several complaints to the authorities concerned.
(2.) THE respondent Karamveer Singh filed counter-affidavit supported with cer tain documents disclosing therein that the petitioner Smt. Rachana Chaurasia belongs to backward community whereas the respondent Karamveer Singh is of Singh community. He never fell in love with petitioner nor he performed marriage and Km. Anjali was not born out of their wedlock. THEreafter, rejoinder affidavit was filed. Supplementary affidavits and counter-affidavits were also filed and these are on record. The respondents named above put in their appearance through their learned Counsel and filed counter-affidavits, but they did not appear in person nor pro duced the victim Km. Anjali as a consequence several orders were passed and directions were issued for their appearance in person to produce the victim but they did not do so, asia consequence all coercive measures provided under law were initiated to enforce their appearance before the Court for the production of the victim. As a result Smt. Poonam Singh was apprehended and she was kept in Nari Niketan. The detention of Smt. Poonam Singh forced Karamveer Singh to put in his appearance before the Court. Consequently he appeared before the Court alongwith Km. Anjali and Smt. Parvati (mother of Karamveer Singh ). Karamveer Singh was taken into custody and he was sent to jail and Km. Anjali was directed to be kept with Smt. Parvati. The learned Counsel for the parties have advanced their arguments in support of their respective claims and they were provided opportunity to settle the matter amicably, but they submit that they could not do so and on their request the matter was adjourned to 21 st May, 2007, i. e. , today.
(3.) THE matter is being taken up today. In compliance of order dated 18th May, 2007, Smt. Parvati alongwith Km. Anjali appeared before the Court. Respondent Karamveer Singh has been produced from jail. He is directed to be released forthwith. He has been released and has taken Km. Anjali in his lap. THE peti tioner Smt. Rachana Chaurasia and Smt. Poonam Singh are also present in the Court. Ave heard Sri Lihazur R. Khan learned Counsel for the petitioner, S/sri J. S. Kashyap, B. S. Parmarand Kamal Krishan learned Counsel for the respondents and learned A. G. A. for the State.;