Court No. - 4
Case :- HABEAS CORPUS WRIT PETITION No. - 2998 of 2018 Petitioner :- Smt. Kavita Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Sharad Srivastava, Anand Kumar Srivastava Counsel for Respondent :- G.A., Satish Kumar Tyagi
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the respondent nos.1 to 4 and Shri Satish Kumar Tyagi, learned counsel for respondent no.5.
Following order was passed by this Court on 06.09.2018 :-
"Heard learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1 to 4 and Sri Satish Kumar Tyagi, learned counsel for the respondent no. 5.
This Habeas Corpus writ petition has been filed on behalf of the petitioner no. 1 Smt. Kavita (detenu) through her husband Rohit Kumar contending that although the petitioner no. 1, Smt. Kavita (detenu) is major and legally wedded wife of Rohit Kumar yet she is being illegally detained in Nari Niketan, Meerut against her wishes and hence, a writ of habeas corpus be issued directing the respondent no. 4, Superintendent of Nari Niketan, Meerut to produce the corpus of the detenu Smt. Kavita before this Court and set her at liberty.
In compliance of the order dated 21.08.2018 passed by another co- ordinate Bench of this Court, the detenu Smt. Kavita has been produced before us by Lady Head Constable Iladas (476) and Sri Dinesh Sharma (2807), Police Line - Ghaziabad.
Upon being questioned by this Court, the detenu Smt. Kavita stated that her date of birth is 28.12.1998. She further stated that after leaving her parental home on her own accord, she had solemnized marriage with Rohit Kumar voluntarily and was living with as a wife till she was sent to Nari Niketan. She further stated that she has no intention of returning to her parental home and she wants to live with Rohit Kumar.
Learned counsel for the petitioner submitted that since the detenu Smt. Kavita as per her radiological examination report, copy whereof has been brought as Annexure 5 to the writ petition, is aged about 18 years and since she has categorically stated before this Court that she had left her parental home and solemnized marriage with Rohit Kumar willingly, she cannot be illegally detained by Superintendent of Nari Niketan, Meerut against her wishes.
Per contra, learned counsel appearing for the respondent no. 5 has submitted that the age of the detenu Smt Kavita as per her date of birth recorded in her High School Certificate is 16 years, hence, she can neither be set at liberty, nor allowed to go with her so called husband Rohit Kumar and the respondent no. 5 who is her father, is entitled to her custody.
As regards to radiological examination report of the detenu Smt. Kavita, he submitted that same does not inspire confidence and it would be in the interest of justice to get the age of the detenu Smt. Kavita determined afresh by subjecting her to a medical examination by a Medical Board comprising of doctors of Medical College, Meerut.
Having heard learned counsel for the parties and perused the medical examination report of detenu Smt. Kavita, we keeping in view the interest of justice direct that Smt. Kavita (detenu) shall be produced before the C.M.O., Meerut on 10.09.2018, who shall thereafter constitute a Medical Board of three senior doctors of Medical College, Meerut for the purposes of conducting ossification test of the petitioner Smt. Kavita (detenu) for ascertaining her age. After the Medical Board is constituted, C.M.O. Meerut shall fix a date for producing the detenu Smt. Kavita before the Medical Board, Meerut, notice whereof shall be given to the respondent no. 5.
The ossification test report of the detenu Smt. Kavita shall be forwarded by the C.M.O., Meerut to this Court in a sealed envelop on or before the next date fixed in this case.
The necessary exercise in this regard shall be positively completed within two weeks from the date on which the detenu Smt. Kavita is produced before the C.M.O., Meerut.
List on 24th September, 2018.
In the meantime, the petitioner Smt. Kavita (detenue) shall be kept in Nari Niketan, Meerut and shall be produced again by the respondent no. 4 before this Court on the next date.
A copy of this order shall be provided to the learned A.G.A. within 24 hours."
In compliance of order dated 06.09.2018, C.M.O., Meerut has forwarded the ossification test report of victim Smt. Kavita -petitioner which was produced by the learned A.G.A. in a sealed envelop and was opened by the Bench Secretary in our presence and the same is kept on record.
Upon perusal of the ossification test report of petitioner no.1 - Smt. Kavita dated 20.09.2018, it transpires that on the date of her ossification test she was 19 years.
In compliance of the aforesaid order, petitioner no.1, Smt. Kavita (detenue) was also produced before us by Lady Head Constable Iladas and Constable Satpal Singh.
Learned counsel for the petitioner submitted that since the petitioner is major and as she had already stated before this court on 06.09.2018 that after leaving her parental home on her own accord, she had solemnized marriage with Rohit Kumar voluntarily and was living as his wife and her detention in Nari Niketan, Meerut, which is per se illegal, is liable to be quashed.
Per contra, Shri Satish Kumar Tyagi, learned counsel for respondent no.5 has submitted that the detenue, Smt. Kavita made submission in favour of detention.
After hearing learned counsel for the parties present and perusing the material brought on record and considering the statement of the detenue recorded before this Court on 06.09.2018, we are of the view that the petitioner - Kavita is major and since she has admitted the factum of the marriage with Rohit Kumar, she cannot be detained in Nari Niketan even for a moment against her wishes.
This habeas corpus writ petition succeeds and is accordingly allowed.
Petitioner Smt. Kavita is set at liberty forthwith to go wherever she desires.
There shall be however no order as to costs.
Order Date :- 24.9.2018 Anand Sri./-