Court No. - 4
Case :- HABEAS CORPUS WRIT PETITION No. - 3444 of 2018 Petitioner :- Reena @ Jauni And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sarvajeet Singh Counsel for Respondent :- G.A.,Mohd. Samiuzzaman Khan
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners, learned A.G.A. for the State and Mr. Mohd. Samiuzzaman Khan, learned counsel for the respondent no.5.
This Habeas Corpus writ petition has been filed on behalf of the petitioner no.1 Smt. Reena @ Jauni (detenu) through her husband Ranjeet contending that although the petitioner no.1, Smt. Reena @ Jauni (detenu) is major and legally wedded wife of Ranjeet yet she is being illegally detained in Bal Grih (Balika), Budaun against her wishes and hence, a writ of habeas corpus be issued directing the respondent no.3, Superintendent of Bal Grih (Balika), Budaun to produce the corpus Smt. Reena @ Jauni before this Court and set her at liberty.
In compliance of the order dated 11.09.2018 passed by this Court, the detenu Smt. Reena @ Jauni has been produced before us by S.I. Ram Kumar Singh and Lady Constable Anuradha, Police Station Islam Nagar, District Budaun.
On being quizzed by us, the detenu Smt. Reena @ Jauni stated that she is major and has not passed high school examination. She further stated that after leaving her parental home on her own accord, she had solemnized marriage with Ranjeet – petitioner no.2 voluntarily and no-one had either kidnapped her or forced her to marry petitioner no.2 – Ranjeet. She also stated that she has no intention to return her parental home and desires to live with petitioner no.2 as his wife.
Learned counsel for the petitioners submitted that since the detenue petitioner no.1, as per her radiological examination report, copy whereof is annexed as S.A.1 to the supplementary affidavit filed today, is major, her detention in Bal Grih (Balika) against her wishes is per se illegal.
Per contra, learned counsel for the respondent no.5 has submitted that the detenue, Smt. Reena @ Jauni being minor, cannot be set at liberty or allowed to go with her husband, i.e. petitioner no.2. However, learned counsel for respondent no.5 could not show from any document, apart from bald allegation made in the FIR, even prima facie that the petitioner no.1 detenue Smt. Reena @ Jauni is minor.
After hearing learned counsel for the parties present and perusing the material brought on record and considering the statement of the detenue recorded before this Court today, we are of the view that the petitioner no.1 Smt. Reena @ Jauni is major and since she has admitted the factum of the marriage with Ranjeet – petitioner no.2, she cannot be detained in Bal Grih (Balika) even for a moment against her wishes.
This habeas corpus writ petition succeeds and is accordingly allowed.
Petitioner no.1 Smt. Reena @ Jauni is set at liberty forthwith to go wherever she desires.
There shall be however no order as to costs.
Order Date :- 24.9.2018 Anand Sri./-