Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3936 of 2018 Petitioner :- Gargi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Dubey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
We have perused the earlier order dated 30.11.2018, passed by this Court, by means of which, the corpus was directed to be produced before this Court.
In compliance of the order of this Court dated 30.11.2018, petitioner, Gargi (corpus) has been produced before this Court from Rajkiya Mahila Sharnalaya, Swaroop Nagar, Kanpur Nagar by officer concerned, P.S. Sheorajpur, District Kanpur Nagar. Respondent No.3, Ram Shankar father of the corpus is also present Corpus Gargi has identified her husband Dharamveer, who is present before this Court and who in turn identified the petitioner, Gargi as his wife.
Learned counsel for the petitioner has identified the petitioner and her husband, Dharamveer, on the basis of documents produced before him in his chamber.
The Court has examined corpus Gargi, who has made a statement before this Court that her age is 18 years, which is duly supported by the medical examination report, which is a report of Chief Medical Officer, Kanpur (annexure no. 4), wherein it has been clearly mentioned that the petitioner is aged about 18 years. Much reliance has been placed upon the statement of the corpus recorded under section 164 Cr.P.C., contents of which are self explicit. The copy of the said statement has been annexed with the writ petition. Corpus Gargi also informed the Court that she has married with Dharamveer. She further informed the Court that she married with Dharamveer without any pressure, threat or coercion and they are entitled to live happily as husband and wife. The petitioner has made a statement before this Court that though she has been brought to this Court today, but now she wants to go back with her husband, namely, Dharmveer, who is present before this Court today. Respondent No.3, father of the Corpus who has made a statement before this Court that the Corpus is adult and aged about 18 years and he states that he does not want to proceed the matter further.
In view of the categorical statement made by corpus Gargi before this Court today, the Court has been left with no option but to allow the petition and release the corpus in favour of her husband Dharamveer R/o Village- Meerpur Bilhan, P.S. Sheorajpur, District Kanpur Nagar.
Accordingly, the writ petition is allowed.
The corpus Gargi is set at liberty forthwith released from the custody of Rajkiya Mahila Sharnalaya, Swaroop Nagar, Kanpur Nagar, forthwith and permitted her to go with her husband, Dharamveer wherever she wants to go. It is made clear that no hindrance will be caused in this regard and corpus Gargi is free to move from this Court along with her husband, namely, Dharamveer.
Order Date :- 21.12.2018 Shubhankar