Court No. - 85
Case :- HABEAS CORPUS WRIT PETITION No. - 507 of 2021 Petitioner :- Lalti Devi @ Sabina Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manvendra Singh Counsel for Respondent :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
The present writ petition has been filed on behalf of detenue- petitioner/Lalti @ Lalita Devi through Sanu @ San Mohammad with the following main relief:-
"i. issue a writ, order or direction in the nature of habeas corpus directing the respondent No.4 to produce the petitioner before this Hon'ble Court and set her free from illegal detention of respondent No.4.
ii. issue any other suitable writ order or direction which this Hon'ble Court may deem fir and proper in the circumstances of the case."
In compliance of the order dated 28.7.2021, detenue/petitioner Lalti @ Lalita Devi has been produced before this Court by his father Babu Lal Maurya who is also present in this Court, S.I. Prahlad Yadav and lady constable Ms. Pooja Bharti, P.S. Kotwali, District Fatehpur.
Detenue-petitioner/Lalti @ lalita Devi has made a statement before this Court that she is major and she has studied up to Intermediate. She further states that she wants to live with Sanu @ San Mohammad with her own free will.
Father of the detenue/petitioner has stated before this Court that he wants to take his girl home with him.
Learned counsel for the petitioner submits that the detenue- petitioner is major and she has been illegally confined by respondent No.4. He further submitted that as per medical report age of the detenue-petitioner is about 18-19 years, so she may be set free and released.
We have considered the argument as advanced by learned counsel for the parties and perused the order dated 13.5.2021 as contained in Annexure No.2 to the writ petition in which it is mentioned that detenue is not a minor and she has entered into wedlock with Sanu.
In view of the aforesaid, a major girl cannot be forced to live anywhere without her consent and be immediately allowed to go wherever she wants without any hindrance either from the police or from the parents in particular. No one is allowed to interfere with the life of a person who is major.
Thus, the detenue-petitioner is set at liberty. The police concerned of P.S.-Kotwali, District- Fatehpur are directed to hand over the detenue-petitioner into the custody of Sanu @ San Mohammad.
For the foregoing reasons, petition is allowed.
Order Date :- 12.8.2021 Vandana