Court No. - 44
Case :- HABEAS CORPUS WRIT PETITION No. - 3555 of 2018 Petitioner :- Km. Neeraj (Corpus) Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pravina Kumar Pandey Counsel for Respondent :- G.A.,Mohit Kumar Singh,Sujata Choudhary
Hon'ble Rahul Chaturvedi,J.
Sri Pravin Kumar Pandey, learned counsel for the petitioner and Ms. Sujata Choudhary, learned counsel for the respondent nos. 4 and 5.
After exchange of pleadings, today the case is fixed for personal appearance of Ms. Neeraj. She has appeared before the Court along with her husband Mr. Mohit. The presence of corpus Ms. Neeraj is being duly identified by Ms. Sujata Choudhary.
This Court has opportunity to interact with the corpus personally in which she submits that as per her highschool certificate her date of birth is 17.09.2002. She has stated that she got married with respondent no.4 Mohit @ Mohit Chaudhary on 23.07.2018, marriage certificate to this effect is annexed as Annexure-6 to the affidavit accompanying the petition.
Learned counsel for the respondent no.4 has filed counter affidavit annexing therein that SGT test for pregnancy dated 01.12.2018, the said test found to be positive and she is family way. On making inquiry she had candidly stated that she wants to go with her husband and presently she is residing with her husband.
Keeping in view her age, marital status and desire, the corpus is free to go anywhere of her choice, accordingly, the present habeas corpus writ petition fails and is dismissed.
The Registrar General, High Court Allahabad is directed to release the amount so deposited by the father, namely, Jograj Singh shall be released in favour of petitioner Km. Neeraj within a month.
Order Date :- 20.12.2018 Abhishek Sri.