Court No. - 65
Case :- HABEAS CORPUS WRIT PETITION No. - 901 of 2019 Petitioner :- Smt. Najina Bano @ Uma Respondent :- State Of U.P And 3 Others Counsel for Petitioner :- M.C. Singh,Dushyant Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
Vakalatnama filed by Sri I.M. Khan and Ms. Sweta Pandey, learned counsel on behalf of respondent no. 4, is taken on record.
Heard learned counsel on behalf of petitioner, Sri I.M. Khan, learned counsel on behalf of respondent no. 4 and Sri Sanjay Singh, learned AGA-I on behalf of State.
The present habeas corpus writ petition has been filed for producing the corpus namely Smt. Najina Bano @ Uma, who has been illegal custody of the respondent no. 4.
Pursuant to the earlier order of this Court, the corpus namely Smt. Najina Bano @ Uma is present in the Court, and identified by his counsel.
It is submitted by so called husband Umesh Kumar that on 07.06.2019, both have solemnized their marriage with free will in Arya Samaj Mandir. A copy of the marriage certificate issued by Arya Samaj Mandir dated 07.06.2019 has been annexed as Annexure No. 3 to the present petition.
Before proceeding any further with the merits of the case, the Court proceeds to examine the corpus only for the purpose of knowing her desire as to where she wants to go.
On being asked from the corpus Smt. Najina Bano @ Uma as to what is her name, she informs that her name is Smt. Najina Bano @ Uma. On being asked from the corpus Smt. Najina Bano @ Uma, is she married with Umesh Kumar or not? She denied the aforesaid marriage. On being asked from the corpus as to where she wants to go from this Court, she has informed the Court that she would like to go with her father, who is present before this Court.
Thus, in view of the statement of the corpus Smt. Najina Bano @ Uma made before this Court by appearing in person, no further adjudication is required in the present habeas corpus writ petition.
Since the corpus Smt. Najina Bano @ Uma has expressed her desire to go with her father namely Sri Mansoor Ali, she is free to go with them and no hindrance will be placed in their movement.
Accordingly, the habeas corpus writ petition is dismissed. The corpus being adult is free to go wherever and with whom she wants to go. She is being set at liberty forthwith.
Order Date :- 18.12.2019 Arti