Court No. - 44
Case :- HABEAS CORPUS WRIT PETITION No. - 416 of 2019 Petitioner :- Smt. Meenu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhiraj Kumar Pandey Counsel for Respondent :- G.A.
verbatum
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Pursuant to the order dated 22.04.2019, the detenue Smt. Meenu who is also the first petitioner applying through her husband Lalit Kumar-petitioner No.2 has appeared before the Court. She has been identified by the learned counsel appearing on behalf of respondent No.4, Ravindra.
We proceed to determine whether she is in legal confinement or not, and for the purpose we record her statement verbatim: "Apka naam?
"Meenu"
" Apke pita ji ka naam?" "Ravindra Kumar" "Aapki aayu?"
"18 saal"
"Aap kahan se aayi hain?" "Sakhan kala"
"Kiske paas se aayi hain?" "papa"
"Lalit Kumar kaun hain?" "Pati"
"Aapne sadi apni marji se ki hai?" "ji haan"
"Aap kaha jana chahti hain?" "pati ke saath"
"Aap Lalit Kumar ke sath jana chahti hain?"
"ji"
This habeas corpus petition has been filed asking this Court to issue a rule to produce petitioner No.1 before this court and upon her production set her at liberty. As above detailed the detenue has appeared before the Court in compliance with the rule issued and has answered in terms above detailed about her wish to stay with the second petitioner whom she acknowledges to be her husband.
It is not disputed by learned counsel for respondent No.4, Shri Shailesh Kumar Shukla that the first petitioner has turned a major on 18.06.2019, her date of birth recorded in her High School Certificate being 18.06.2001. The detenue has clearly expressed her wish not to go back to her father, but to go alongwith her husband-petitioner No.2.
Upon hearing, learned counsel for petitioners and Shri Deepak Mishra, learned A.G.A. appearing for the State, this Court is of clear opinion that the first petitioner being a major is free to go anywhere she likes and cannot be kept in confinement by anyone.
This habeas corpus writ petition is, accordingly, allowed. Rule is made absolute.
The first petitioner who is present in Court is set at liberty forthwith and it is ordered that petitioner no.1 shall be at liberty to go anywhere she likes and with whomsoever she wants. No authority of the State or private person will interfere in that right of hers. It is ordered accordingly.
Order Date :- 20.6.2019 Jyotsana