Court No. - 4
Case :- HABEAS CORPUS WRIT PETITION No. - 3498 of 2018 Petitioner :- Fauzia And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Sri Sunil Srivastava, Advocate has filed his vakalatnama on behalf of respondent no. 5 in the Court today which is kept on record.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 to 4 and Sri Sunil Srivastava, learned counsel for the respondent no. 5.
This habeas corpus writ petition has been filed on behalf of petitioner no. 1, Smt. Fauzia (detenu) through her guardian/husband petitioner no. 2, Pintu alleging that although the detenu is major and legally wedded wife of petitioner no. 2, Pintu, she is being illegally detained in Rajkiya Mahila Sharanalaya, Faizabad against her wishes and hence a writ of habeas corpus be issued directing the respondent no. 4 to produce the corpus of Smt. Fauzia (detenu) before this Court and set her at liberty.
In compliance of the order of this Court dated 07.09.2018, the petitioner no. 1, Smt. Fauzia (detenu) has been produced before us by S.I. Vinod Kumar and Lady Constable, Smt. Sandhya Singh, Police Line, Faizabad. She has been identified by her counsel, Sri Mukesh Kumar.
On being quizzed by the Court, the petitioner no. 1, Smt. Fauzia (detenu) stated that she had left her parental home on her own accord and solemnized marriage with petitioner no. 2, Pintu voluntarily and started living with him as his wife. She further stated that she wants to live with her husband petitioner no. 2, Pintu and has no intention of returning to her parental home. She was carrying her 4 year old daughter in her lap. Her statement has been recorded on a separate sheet of paper which has been signed by her.
Learned counsel for the petitioners submitted that since the petitioner no. 1, Smt. Fauzia (detenu) as per her radiological examination report (Annexure No. 2), she is 19 years old and in view of the latest judgement rendered by the Apex Court in the case of Suhani & Anr. Versus State of U.P. & Ors. passed in Civil Appeal No. 4532 of 2018, she is major and therefore, she cannot be illegally detained in Rajkiya Mahila Sharanalaya, Faizabad against her wishes.
Per contra learned A.G.A. opposed the prayer made by learned counsel for the petitioner for setting the petitioner no. 1, Smt. Fauzia (detenu) at liberty.
The petitioner no. 1, Smt. Fauzia (detenu) further stated that since her husband petitioner no. 2, Pintu has met with an accident, she may be sent back to Rajkiya Mahila Sharanalaya, Faizabad and released from there when her husband recovers fully and comes to take her from there.
In view of the above and after hearing the learned counsel for the parties and perusing the material on record including the radiological examination report of the petitioner no. 1, Smt. Fauzia (detenu), we allow this writ petition and set Smt. Fauzia (detenu) at liberty. She is free to go wherever she desires.
As per the wishes of Smt. Fauzia (detenu), she can stay back in Rajkiya Mahila Sharanalaya, Faizabad till 01.10.2018.
There shall however be no order as to costs.
Order Date :- 25.9.2018 KS