Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3141 of 2018 Petitioner :- Smt. Kusuma Devi And Anr. Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners, Sri Surendra Pal Gangwar learned counsel for opposite party no. 5 and learned AGA for the State.
In compliance of the earlier order of this Court dated 02.05.2018, corpus Kusuma Devi has been produced before this Court from Nari Niketan, Bareilly in custody by Lady Constable 465 Sarita Singh and S.I.Yogendra Pal Singh Police Station Bisalpur, District Pilibhit who has brought the corpus before this Court.
Corpus Kusuma Devi - petitioner has identified Nikhil Singh as her husband, who in turn identified Kusuma Devi petitioner as his wife.
The Corpus has been produced before the Court and Court proceeds to examine the Corpus.
On being asked "apka naam kya hai" she informs the Court "Kusuma Devi". On being asked "apke pita ji ka naam kya hai" she informs the Court "Siya Ram". On being further asked "apki umra kya hai" she informs that "20 years". On being further asked "kya apne shaadi ki hai" she inform that " Ha maine Nikhil Singh se shaadi ki hai." On being asked "kya shaadi apne apni marzi se ki hai ya kisi ke dabao me aakar" she inform that Court clearly "ki meine apni marzi se shaadi ki hai bina kisi ke dabao ke". On being asked "kya apke pati Court mein aaye hai she informs that "ha Court mein aaye hai". On being asked "abhi aap kaha jana chahti hai" she informs "mein apne pati Nikhil Singh ke sath jana chahti huu".
Learned counsel for the complainant has opposed the writ petition and he does not dispute the veracity of the School Certificate and he also does not dispute the date of birth of girl is 20.05.1998, which is annexed at page 33 of the writ petition. It is also not being disputed that the statement of the girl under Section 164 Cr.P.C. has been recorded which is annexed at page 45 of the writ petition.
Learned AGA appearing for the State has drawn the attention of the Court that as per medical report of CMO, Pilibhit the age of the corpus is 19 years, copy of which is annexed at page 43 of the writ petition.
In view of the categorical statement made by corpus Kusuma Devi 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.
In view of the aforesaid facts and circumstances of the case and also keeping in view the law as laid down by the Apex Court rendered in the cases of Suhani & Another v. State of U.P. & Ors. passed in civil appeal no. 4532 of 2018 decided on 26.04.2018 and keeping in view the law as laid down by the Division Bench of this Court (Lucknow Bench) rendered in cases of Vishal Jaiswal And Another v. State of U.P. and Others passed on 26.8.2016 in Misc. Bench No. 10724 of 2016 and Shaheen Parveen And Another vs. State of U.P. and Orthrs passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh vs. State of U.P. and another, reported in 2011 (6) SCC 396 (2014) and Shakti Vahini vs. Union of India passed in writ petition (civil) no. 231 of 2010, no purpose would be served in keeping the present case pending before this Court.
Accordingly, the writ petition is allowed. The corpus Kusuma Devi is released from the custody of Nari Niketan Bareilly and she is set at liberty forthwith. However, it is made clear that no hinderance will be caused in the movement of the corpus and she is free to move from this Court along with her husband wherever she wants to go.
Order Date :- 30.5.2018 Ujjawal