Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3930 of 2018 Petitioner :- Priyanka Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Order on Impleadment Application.
Impleadment application is allowed.
Necessary amendment be carried out in the course of the day.
Heard learned counsel for the petitioner, learned A.G.A. appearing on behalf of the State and Mr.Ram Singh Yadav put in appearance on behalf of mother of the corpus.
In compliance of the order passed by another Bench of this Court on 29.11.2018, the Court has been informed that the corpus namely Priyanka has been produced before this Court from Nari Niketan, Moradabad, in custody of S.I. Vishwa Bandhu, Rampur and S.I. Komal Tomar Police Station- Shahzadnagar.
The contention of the counsel for the petitioner in the present habeas corpus writ petition is to the effect that petitioner, is an adult and has solemnized her marriage with Arvind Kumar of her own sweet will without any fear, threat or coercion.
However, it has not been disputed by the counsel of the either side that as on date the Medical Certificate will prevail over School Certificate. As per the Medical Certificate the age of the girl is 18 years and she is an adult.
The Court has been informed that petitioner is present before the Court, thus with the consent of learned counsel for the petitioner as well as learned AGA, the Court proceed to examine the corpus namely Priyanka, who is present before the Court.
On being asked 'ki aap ka naam kaya hai', she informed the Court 'ki mera naam Priyanka hai'. On being asked 'ki aap ke pita ka kya naam hai', she informed the Court 'ki mere pita ka naam Jai singh hai'. On being asked 'ki kya aap Arvind Kumar ko jaanti hai', she informed the Court ki 'vo mere pati hai'. On being further asked 'ki kya aap ne shadi apani marji se kari hai' she informs the Court, 'ki ha shadi maine apani marji se kari hai bina kisi dar ya dabaw ke'. On being asked 'ki ab aap kiske saath jana chahti hai', she informed the Court 'ki mein apni ma ke saath jana chahti hun'.
The mother of the corpus is present before the Court today and in view of the fact that girl is an adult and also as per the medical certificate she is 18 years old categorically stated before this Court. She would like to leave the Court premises along with her mother, who is also present before this Court.
The Court further proceeds to examine the mother of the girl. On being asked 'ki aap ka naam kya hai' she informs 'ki mera naam Rekha hai' and on being asked 'ki kya ye aapki beti hai' she further informs 'ki ha yeh meri sagi beti hai aur mein isko apne saath le jaaongi'.
Thus, keeping in view the facts and circumstances of the case i.e. age of the girl which is admittedly 18 years and the statement made by the girl and her mother before this Court, no case of grant of indulgence has been made out. No purpose will be served in keeping the matter pending before this Court.
The corpus Priyanka is present before the Court and is free as to where she wants to go and with whom she wants to go.
The Habeas corpus writ petition is dismissed.
Order Date :- 20.12.2018 sweta