Court No. - 65
Case :- HABEAS CORPUS WRIT PETITION No. - 645 of 2019 Petitioner :- Kajal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Tiwari Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
1. Heard Sri Dinesh Tiwari, learned counsel for the petitioners and Sri Mohammad Belal, learned counsel for the opposite party no.2 and Sri Sanjay Singh, learned A.G.A.-I for the State-respondent.
2. The present habeas corpus writ petition has been filed on behalf of corpus Smt. Kajal through her husband Vishal Kumar with the following prayer:-
i. a writ order or direction in the nature of Habeas Corpus directing the respondent nos.2 and 3 to produce the corpus/petitioner no.1 before this Hon'ble Court from the illegal detention of the respondent no.4 and hand over her to the petitioner no.2 (Husband).
3. The Court has been informed that corpus has come to this Court along with her respondent no.4 namely Ramesh, who is the father of the corpus.
4. Pursuant to earlier order of this Court dated 8.7.2019 a report of the Chief Medical Officer, Ghazibad dated 22.7.2019 is on record, ascertaining the age of corpus namely Kajal as 18 years.
5. On being asked from the girl as to what is her name, she informs that her name is Kajal and her father's name is Sri Ramesh. On being asked from the girl as to where she wants to go from this Court, she has informed the Court that she would like to go with her husband-petitioner no.2 Vikas Kumar, an endorsement to this effect has also been made by the corpus in the order sheet of this Court.
6. Petitioner no.2 Vikas Kumar is present before this Court, who has been identified by his counsel.
7. The father-respondent no.4 who is also present before this Court has been identified by the girl as her father who in turn has identified the girl as her daughter. Both have been identified by their counsel on the basis of documents produced in their chamber.
8. Thus, in view of the statement of the girl made before this Court by appearing in person, no further adjudication is required in the present habeas corpus writ petition.
9. The habeas corpus writ petition is allowed.
10. The corpus being adult is free to go wherever and with whom she wants to go. She is being set at liberty forthwith.
11. Since the corpus Kajal has expressed her desire to go with her husband Vikas Kumar- petitioner no.2, she is free to go with her and no hindrance will be placed in her movement.
12. The amount of Rs.30,000/- deposited by the husband of the corpus/petitioner no.1 shall be paid to the corpus Kajal by the registry of this Court after due verification through her counsel.
Order Date :- 28.11.2019 Dev/-