Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 35 of 2019 Petitioner :- Smt. Devki And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bindeshwari Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Heard Sri Bindeshwari Prasad Mishra for the petitioners and AGA for State.
Detenu, Smt. Devki has been produced before this Court from Rajkiya Mahila Sharnalaya, Swaroop Nagar, Kanpur by HCP 658 Malkhan Singh, HC 318 Brijendra Singh, HC 620 Janak Nandini and HC 39 Mithila. Detenu Smt. Devki states that she has voluntarily married to Atul Kumar, petitioner-2 and she is willing to go with Atul Kumar, her husband. The petitioners have filed their marriage registration certificate along with the writ petition.
Atul Kumar, petitioner-2 is also present before this Court and he is ready to take custody of his wife Smt. Devki.
According to medical certificate dated 19.1.2018, age of detenu Smt. Devki was 16 years.
In view of above statement of the petitioners, we hold that detenu, Smt. Devki cannot be detained in Rajkiya Mahila Sharnalaya, Swaroop Nagar, Kanpur against her wishes and she is entitled to go whereever she desires.
Hence, the habeas corpus writ petition succeeds and is accordingly allowed.
The detenu, Smt. Devki is set at liberty forthwith and be permitted to go with Atul Kumar, petitioner-2.
Order Date :- 29.4.2019 Rahul Dwivedi/-