Court No. - 44
Case :- HABEAS CORPUS WRIT PETITION No. - 3799 of 2018 Petitioner :- Smt. Mariyam Arif And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Faizan Siddiqui,Mohd. Izhar Usmani Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
Pursuant to the Court's order dated 04.12.2018, Medical certificate, produced today before this Court in a sealed cover, from the office of the Chief Medical Officer, Allahabad is taken on record.
Perusal of the ossification test report of the corpus Smt. Mariyam Arif dated 12.12.2018 reveals her age to be 18 years.
Also in pursuance of the aforesaid order, Smt. Mariyam Arif along with her father-Mohd Arif is present in person before this Court today. On query by the Court, the corpus Smt. Mariyam Arif candidly stated at Bar that on her own volition and accord, she has married with petitioner no. 2 Amir Rais according to Muslim rites and customs on 27.08.2018 (copy of the aforesaid marriage "Nikaahnaama" is annexed as annexure 2 to the petition) and she is presently residing with his father but wants to lead her life with her husband Amir Rais in future.
On query made from the father of Smt. Mariyam Arif, Mohd. Arif, he conceded at Bar that his daughter Smt. Mariyam Arif has solemnized marriage (Nikah) with Amir Rais (petitioner no. 2) and he has now no objection on the aforesaid marriage.
In the prevailing circumstances, the corpus Smt. Mariyam Arif is set at liberty to go anywhere, as per her wish.
With the aforesaid direction, the Habeas Corpus is allowed.
Order Date :- 19.12.2018 shailesh