Court No. - 4
Case :- HABEAS CORPUS WRIT PETITION No. - 3600 of 2018 Petitioner :- Radha Sisondiya Rajput Respondent :- State Of U.P. And Another Counsel for Petitioner :- Shyam Narain Rai,Sandeep Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Sri Vishal Sundar S. Sharma, Advocate has filed his vakalatnama on behalf of the respondent no. 3 in the Court today is kept on record.
Heard learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1 and 2 and Sri Vishal Sundar S. Sharma, learned counsel for the respondent no. 3.
This habeas corpus writ petition has been filed on behalf of petitioner Smt. Radha Sisondiya Rajput (detenu) through her husband, Gaurav Singhal alleging that although the petitioner Smt. Radha Sisondiya Rajput (detenu) is major and legally wedded wife of Gaurav Singhal, son of Vinod Kumar Singhal yet she is being illegally detained in Nari Niketan, Meerut against her wishes and hence a writ of habeas corpus be issued directing the respondent no. 2 to produce the corpus of Smt. Radha Sisondiya Rajput (detenu) before this Court and set her at liberty.
Following order was passed by this Court in this case on 04.09.2018 :-
"Learned counsel for the petitioner is permitted to implead the mother of the detenu, Smt. Maya Devi as respondent no. 3 Heard learned counsel for the petitioner and learned A.G.A. for the State.
This habeas corpus writ petition has been filed on behalf of petitioner, Radha Sisondiya Rajput (detenu) through her husband, Gaurav Singhal alleging that although the detenu is major and legally wedded wife of Gaurav Singhal, she is being illegally detained in Nari Niketan, Meerut against her wishes and hence a writ of habeas corpus be issued directing the respondent no. 2 to produce the corpus of the detenu, Radha Sisondiya Rajput before this Court and set her at liberty.
Notice has been accepted by learned A.G.A. on behalf of respondent nos. 1 and 2.
Issue notice to the respondent no. 3 fixing 25.9.2018 for her appearance. List on 25.9.2018.
On that day, respondent no. 2 shall produce the detenu, Radha Sisondiya Rajput before this Court in person.
A copy of this order be made available to learned A.G.A. within 24 hours free of costs."
In compliance of the aforesaid order dated 04.09.2018, the petitioner Smt. Radha Sisondiya Rajput (detenu) has been produced before this Court by Constable Dinesh Sharma and Lady Constable Jeet Kaur, Police Line, Meerut. She has been identified by her counsel, Sri Sandeep Kumar Rai.
On being quizzed by the Court, the petitioner Smt. Radha Sisondiya Rajput (detenu) stated that she is aged about 19 years and she after leaving her parental home voluntarily, solemnized marriage with Gaurav Singhal on her own sweet will and started living as his wife. She next stated that neither anyone had kidnapped her nor she was forced to enter into wedlock with Gaurav Singhal. She further stated that she wants to live with her husband Gaurav Singhal and had no intention of returning to her parental home.
Learned counsel for the petitioner submitted that since petitioner Smt. Radha Sisondiya Rajput (detenu) has stated before this Court that she is major and had left her parental home on her own accord and solemnized marriage with Gaurav Singhal voluntarily, therefore, she cannot be illegally detained in Nari Niketan, Meerut against her wishes.
Per contra Sri Vishal Sundar S. Sharma, learned counsel for the respondent no. 3 vehemently submitted that the petitioner Smt. Radha Sisondiya Rajput (detenu) being minor as per her date of birth recorded in her Junior High School certificate, she cannot be set at liberty. Moreover, she has been sent to Nari Niketan, Meerut pursuant to an order dated 18.08.2018 passed by Chief Judicial Magistrate, Gautam Buddh Nagar against which the petitioner has got statutory remedy of filing a revision and hence, this habeas corpus writ petition is not maintainable and is liable to be dismissed.
In reply, learned counsel for the petitioner submitted that no reliance can be placed on her Junior High School certificate issued by the Headmaster of Dayawati Memorial Inter College, Dadri, Noida as there is nothing on record which may indicate that the aforesaid school was the first school attended by her. He further submitted that the alternative remedy of filing a revision against the order of the Chief Judicial Magistrate, Gautam Buddh Nagar by which the petitioner was sent to Nari Niketan, Meerut apart from neither being effective nor efficacious under the facts and circumstances of the present case. The Chief Judicial Magistrate, Gautam Buddh Nagar has not recorded any finding in his order that Dayawati Memorial Inter College, Dadri, Noida was the first school attended by the Smt. Radha Sisondiya Rajput (detenu) and in the absence of any such finding, the certificate issued by the Headmaster of Dayawati Memorial Inter College, Dadri, Noida cannot be said to be conclusive proof of her date of birth recorded therein and in view of 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, her age ascertained on the basis of her radiological examination shall prevail.
After having heard learned counsel for the parties and perused the material brought on record as well as the statement given by the petitioner Smt. Radha Sisondiya Rajput (detenu) before the Court today, we have no hesitation in holding that Smt. Radha Sisondiya Rajput (detenu) is major and hence, she cannot be detained in Nari Niketan, Meerut against her wishes.
In view of the above, the writ petition succeeds and is allowed.
The petitioner, Smt. Radha Sisondiya Rajput (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 :- 25.9.2018 KS