Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3840 of 2018 Petitioner :- Smt. Pooja (Corpus) Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rama Shankar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing on behalf of the State and Mr. R.K. Keshari learned counsel appearing on behalf of respondent no. 4 Gulab Yadav.
Mr. A.K. Malviya, learned counsel appearing for respondent no. 5 has filed counter affidavit today and the same is taken on record.
In compliance of the order passed by another Bench of this Court on 11.12.2018, the Court has been informed that the corpus namely Pooja has been produced before this Court from Nari Niketan, Ghazipur, in custody of Reena Yadav P. No.162271108; Sunil Kumar P. No.152301938; Police Station- Shadiabad, District-Ghazipur.
The contention of the counsel for the petitioner in the present habeas corpus writ petition is to the effect that petitioner Pooja, is an adult and has solemnized marriage with Yogendra of her own sweet will without any fear, threat or coercion.
Mr. A.K. Malviya, learned counsel for respondent no. 5 has very fairly informed the court that the date of birth of the corpus is 10.08.2001, as such she is aged about 17 years and she appears to be minor however, the fact remains that as per the medical certificate annexed at page 9 of the supplementary affidavit dated 11.12.2018 the age of the girl is above 18 years. Certified copy of the certificate issued by the radiologist has been annexed at page no. 9 of the supplementary affidavit. The other thing to be appreciated by the Court is that the corpus has a small girl child of 4 and a half months, in her lap.
The Court has been informed that both of petitioners are present before the Court, thus with the consent of learned counsel for the petitioners as well as learned AGA, the Court proceed to examine the corpus namely Pooja, who is present before the Court.
On being asked 'ki aap ka naam kya hai', she informed the Court 'ki mera naam Pooja hai'. On being further asked 'ki aap ne shadi apani marji se kari hai aur kiske sath' she said yes 'shadi maine apani marji se kari hai bina kisi dar ya dabaw ke', on further being asked ki aap kiske saath jana chahti hai, she replied 'mein apne pati ke saath jana chahti hun'.
Thus, keeping in view the facts and circumstances of the case i.e. age of the girl which is admittedly 18 years and as per the statement made by the girl before this Court and in view of the fact that she is holding a 4 months baby girl she cannot be sent to Nari Niketan again, a case of grant of indulgence has been made out. No purpose will be served in keeping the matter pending before this Court.
The corpus Pooja who is present before the Court, is free as to where she wants to go and no hindrance in her free movement will be placed by any of the respondents.
Accordingly, the Habeas Corpus Writ Petition is allowed.
However, liberty is given that in case it is found that some facts have been concealed, in the present writ petition, the person concerned shall file a recall application before this Court to recall the present order.
Order Date :- 20.12.2018 sweta