Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 434 of 2019 Petitioner :- Smt. Archana Kushwaha @ Afrina Khatoon Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Shoeb Khan Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Smt. Archana Kushwaha @ Afrina Khatoon (the petitioner) has been produced by S.I. Rajkumar Gupta and Woman Constable 2594 Godavari Ojha from Nari Niketan, Gorakhpur today in the court.
Sri Dileep Kumar Srivastava has put appearance on behalf of respondent-4 and filed a counter affidavit, annexing the high school mark sheet, as well as transfer certificate relating to Smt. Archana Kushwaha @ Afrina Khatoon (the petitioner), in which, her date of birth has been mentioned as 10.7.2002. He states that she is still minor.
Along with the writ petition, medical examination report of Smt. Archana Kushwaha @ Afrina Khatoon dated 30.7.2018 has been filed, showing her age as about 18 years. Now, about 10 months have passed after the medical examination of the petitioner.
In such circumstances, we propose to record the statement of Smt. Archana Kushwaha @ Afrina Khatoon. She states that she has voluntarily married to Gautam Ansari @ Gulab and wants to go with him. Gautam Ansari @ Gulab is also present in the court. Her Nikahnama, as well as Conversion Certificate has also been filed.
In view of statement of Smt. Archana Kushwaha @ Afrina Khatoon, this habeas corpus writ petition is allowed. Smt. Archana Kushwaha @ Afrina Khatoon (the petitioner) is set at liberty and is permitted to go with Gautam Ansari @ Gulab, forthwith.
Gautam Ansari @ Gulab also agrees to deposit Rs. 50,000/- in the name of Smt. Archana Kushwaha @ Afrina Khatoon, in a fixed deposit of any nationalized bank, for a period of at least six years, within a period of three months from today.
Order Date :- 30.5.2019 Jaideep/-