Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 772 of 2019 Petitioner :- Smt. Manju Devi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Phool Chandra,Ram Sumer Chaudhary Counsel for Respondent :- G.A.,Ram Sumer Chaudhary
Hon'ble Manoj Misra,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri R.S. Chaudhary for the petitioners; the learned A.G.A. for the respondents 1 to 5; and perused the record.
Notice was sent to the respondent no.6 (Shital Prasad). However, the Chief Judicial Magistrate, Fatehpur has submitted a report that, despite effort, notice could not be served upon Shital Prasad (respondent No.6) as his house was found locked and his whereabouts were not known to the neighbours as well as relatives.
In this habeas corpus petition, a prayer has been made for quashing the order dated 03.06.2019 passed by the Child Welfare Committee, Fatehpur under which the corpus, Manju Devi, has been placed in a Protection Home.
The petitioner no.2, who claims to be the husband of the corpus, has taken a case that the corpus is an adult and legally wedded wife of the petitioner no.2 but has unnecessarily been placed in a Protection Home against her wishes.
It appears to us that the corpus was placed in a Protection Home on the basis of her date of birth recorded in some educational certificate.
On 23.09.2019, the corpus had appeared before us and she had categorically stated that she had not studied in any school and that the certificate is nothing but bogus. She has already delivered a child from her marriage with the petitioner no.2.
Considering the facts and circumstances of the case, on 23.09.2019, we had directed the Chief Medical Officer, Prayagraj to submit a report as regards the medical age of the corpus on the basis of ossification test as well as physical examination.
The Chief Medical Officer, Prayagraj has submitted a report in a sealed cover in which it has been found that the corpus, as per general examination, appears to be aged about 18 years. The report is accompanied by report of the Radiologist of T.B. Sapru Hospital, Allahabad. The radiologist has also opined that the radiological age of the corpus is above 18 years.
As the respondent no.6 (Shital Prasad) has not responded despite notice of this Court, keeping in mind that the corpus states that she has not studied in any school and that in her voter I card also her date of birth is shown as 22 years whereas, as per medical age, she is above 18 years, we are of the view that the corpus cannot be kept in a protection home against her wishes. In absence of anything shown to us by the learned AGA that she is wanted in any other case, we have proceeded to record her statement.
She has stated before us that she wishes to go with petitioner no.2 (Rakesh Kumar), her husband.
In view of the above, keeping in mind the medical age certificate provided by the CMO, Prayagraj as also that the respondent no.6 has not even responded pursuant to notice of the court, this habeas corpus petition is allowed. The corpus shall be set free forthwith and she would be free to go wherever she wants.
Order Date :- 30.9.2019 Sunil Kr Tiwari