Court No. - 4
Case :- HABEAS CORPUS WRIT PETITION No. - 3576 of 2018 Petitioner :- Nazrin @ Neha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1, 2 and 3 and Sri Atul Singh, learned counsel for the respondent no. 4.
Following order was passed by this Court on 28.08.2018 :-
"This habeas corpus writ petition has been filed on behalf of Smt. Nazrin alias Neha, through her husband Ravi Verma contending that although the detenue Smt. Nazrin alias Neha is major, she is being illegally detained by Superintendent, Rajkiya Mahila Sharnalaya, Meerut-respondent no. 2.
Notice on behalf of respondent nos. 1, 2 and 3 has been accepted by learned A. G. A.
List on 17.9.2018.
On that date the detenue Smt. Nazrin alias Neha shall be produced by respondent no. 2, Superintendent, Rajkiya Mahila Sharnalaya, Meerut. "
In compliance of the aforesaid order dated 28.08.2018, the petitioner no. 1, Smt. Nazrin @ Neha (detenu) has been produced before us by S.I. Prem Singh and Lady Constable, Archana, P.S.- Kotwali Nagar, District- Muzaffarnagar. She has been identified by her counsel, Sri Alok Kumar Srivastava.
On being quizzed by the Court, the petitioner no. 1, Smt. Nazrin @ Neha (detenu) stated that she had left her parental home on her own accord and solemnized marriage with the petitioner no. 2, Ravi Verma on her own free will and she wants to go and live with him as his wife. She does not intend to go back to her parental home. Her statement has been recorded on a separate sheet of paper which has been signed by her.
Learned counsel for the petitioners submitted that as per the radiological examination report of the petitioner no. 1, Smt. Nazrin @ Neha (detenu) (Annexure No. A-9), she is major and since she had left her parental home on her own accord and solemnized marriage with the petitioner no. 2, Ravi Verma voluntarily, therefore, she cannot be illegally detained in Rajkiya Mahila Sharnalaya, Lalkurti, Meerut against her wishes.
Per contra learned A.G.A. contended that the date of birth of the petitioner no. 1, Smt. Nazrin @ Neha (detenu) recorded in her certificate issued by Principal, Nice Public Junior High School, Niyazupura, Muzaffarnagar is 20.09.2003 and hence, she is minor, therefore, her custody cannot be given either to her husband or her father-in-law.
In reply, learned counsel for the petitioners submitted that Smt. Nazrin @ Neha (detenu) as per her radiological examination report dated 12.06.2018 (Annexure No. A-9), she is aged about 19 years and in her statement recorded u/s 164 Cr.P.C. (Annexure No. A-10), she has failed to support the prosecution case and stated that she had solemnized marriage with the petitioner no. 2, Ravi Verma voluntarily and as per the latest judgement rendered by the Apex Court in the case of Suhani & Anr. Versus State of
U.P. & Ors. passed in Civil Appeal No. 4532 of 2018, the age of the petitioner no. 1, Smt. Nazrin @ Neha (detenu) ascertained by radiological examination report shall prevail over the date of birth recorded in her certificate issued by the Principal, Nice Public Junior High School, Niyazupura, Muzaffarnagar.
After having heard learned counsel for the parties and perused the material brought on record as well as the statement given by the petitioner no. 1, Smt. Nazrin @ Neha (detenu) before the Court today, we have no hesitation in holding that she is major and hence, she cannot be detained in Rajkiya Mahila Sharnalaya, Lalkurti, Meerut against her wishes.
In view of the above, the writ petition succeeds and is allowed.
The petitioner no. 1, Smt. Nazrin @ Neha (detenu) is set at liberty forthwith. She is free to go wherever she desires.
There shall however be no order as to costs.
Order Date :- 17.9.2018 KS