Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 3139 of 2018 Petitioner :- Pooja And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anjali,Pramod Kumar Counsel for Respondent :- G.A.,S.N. Pandey,S.N.Pandey,S.K.Pandey
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the petitioner and learned AGA.
Learned counsel for the petitioner submits that petitioner no. 2 is husband of corpus Smt. Pooja who is major as per the ossification test and she had eloped with him and they also solemnized marriage in a temple and they also got it registered before the Registrar Marriages. However, F.I.R. was lodged by respondent no. 3 as Case Crime no. 100 of 2018 in which statement of the corpus was also recorded u/s 164 Cr.P.C. whose copy has been annexed as annexure-6 to the writ petition.
The corpus on the aforesaid case made a statement before the doctor and stated that on 8.3.2018 she had gone with Lokesh to Bombay and thereafter went to Allahabad and had also approached this Court, she also stated that she is carrying pregnancy of eight months and expressed her desire to live with him. Even in the statement recorded u/s 164 Cr.P.C. she had admitted her marriage with petitioner no. 2, however, respondent no. 3 along with other family members forcibly took away from her matrimonial home and she is under illegal detention since 16.4.2018.
Pursuant to order of the court the corpus has been produced by respondent no. 3 and has been duly identified by counsel for respondent no. 3.
On being questioned, the corpus does not specifically deny the marriage and statement recorded u/s 164 Cr.P.C. but has stated that she had come to Allahabad and solemnized marriage under compulsion she stated that she is major and she is not under any illegal detention or captivity of respondent no. 3 and she wants to go with her mother.
In view of the statement made by the corpus the writ petition is dismissed.
The Registrar General of this Court is directed that out of the amount of Rs. 20,000/- deposited by petitioner no. 2, Rs. 5000/- shall be paid to the corpus through a demand draft after due verification and Rs. 15,000/- shall be forwarded by way of demand draft in favour of "Army Welfare Fund Battle Casualties" payable at New Delhi at the following address:-
"Director Accounts Section Adjutant General's Branch Ceremonial & Welfare Directorate IHQ of MoD (Army) New Delhi-110011"
Order Date :- 25.2.2019 Dhirendra/