Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record.
The present petition under Article 226 of the Constitution of India has been filed for a writ of habeas corpus to produce the corpus/detenue Km. Payal Devi through his natural father Ram Kishore.
The pith and substance in the present petition is that respondent no.4 has married the minor girl, i.e. detenue and she is living with him.
Considering the aforesaid submissions, this Court vide order dated 22.01.2021 directed the detenue Km. Payal Devi, her husband Matru, father of Matru, namely, Mukesh - respondent no.7 and respondent nos.5 and 6 who are Village Pradhan and one villager Anurag Mishra to be present before this Court today.
All the aforesaid persons including the petitioner are present today.
The Court has interacted with Km. Payal Devi as well as her father Ram Kishore, her husband Matru, father of Matru, namely, Mukesh, Shashi Kumar and Anurag Mishra. Medical age of the detenue has been determined to be around 18 years. This Court to ascertain the genuineness of the School Leaving Certificate put question to the father of detenue. The father of detenue does not know the year in which she was born. He also does not know the month even Hindi month when she was born. The Court asked him to what is the age of his eldest child to which he stated 35 years and five children were born in a gap of every three years since the birth of the first child. The detenue is number four from the eldest one.
Considering that according to the petitioner there has been a gap of about 3-4 years between two child, the age determined by the Medical appears to be correct one and, therefore, the School Leaving Certificate cannot be relied on in view of the fact that the father of detenue does not know the date, month and year of the detenue.
Km. Payal Devi - detenue has stated that she has got married with Matru, respondent no.4, and she is happily living with him and she does not want to go with her father. Matru and his father Mukesh have also stated that she is wife and daughter-in-law respectively and they are taking good care of her as per their social and economic status. Shashi Kumar, Village Pradhan, and Anurag Mishra, village friend of Shashi Kumar, have stated that the matter was brought before them and they asked Matru and his father to bring the detenue in the village before them. They brought detenue before them and detenue herself refused to go with her father, therefore, her father made them party in this petition. They further state that they have no role in the incident and being Village Pradhan he wanted to settle the matter amicably without any personal interest.
Considering the stand of the detenue herself as she states that she is 19 years of age and as per Medical she is around 18 years and as per the wishes of detenue, it would be appropriate to allow her to live with her husband and with in-laws. Since the detenue has been produced and she has specifically refused to go with her father, there is no point to continue with these proceedings and this petition is, thus, disposed of with the direction that the police shall not disturb the peaceful living of the detenue with her husband and in-laws.
Order Date :- 26.2.2021 Anand Sri./-