Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 103 of 2019 Petitioner :- Monika And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pravesh Kumar Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Heard Sri Pravesh Kumar for the petitioner and Government Advocate for the respondents.
Detenu, Monika has been produced before this Court from Nari Niketan, Begampul Lal Kurti, Distt. Meerut by Constable 939 Satpal Singh, Lady Constable 922 Anita Sharma. Detenue states that she has voluntarily married to Sanju, petitioner-2 and she is willing to go with Sanju her husband. The marriage was also registered with the Registrar Hindu Marriage on 4.9.2017.
Sanju, petitioner-2 is also present before this Court and he is ready to take custody of his wife Monika.
According to medical examination report dated 31.10.2017, age of detenu Monika has been determined as 16 to 17 years.
In such circumstances, we hold that detenu, Monika cannot be detained in Nari Niketan against her wishes and she is entitled to go whereever she desires.
Hence, the habeas corpus writ petition succeeds and is accordingly allowed.
The detenu, Monika is set at liberty forthwith.
Order Date :- 29.5.2019 Rahul Dwivedi/-