Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3954 of 2018 Petitioner :- Riya Singh @ Alia Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Prakash Yadav,Akhilesh Kumar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
The present habeas corpus writ petition has been filed for seeking release of the girl-corpus Riya Singh @ Alia Khan, who is said to have been detained illegally at Nari Niketan, Khuldabad, Allahabad.
In compliance of the order earlier of this Court dated 04.12.2018, the corpus has been produced before this Court from Nari Niketan, Khuldabad, Allahabad.
Learned counsel for the petitioner submits that record shows that date of birth of the corpus, according to the High School Marks-sheet, is 27.05.1998, copy of which has been annexed on Page 11 of the writ petition. The further contention is that the corpus Riya Singh as well as Taufik Khan are both adult and they have solemnized marriage with their own free will without any fear, threat or coercion and the marriage is registered under the provision of the Special Marriage Act. The certificate of registration of marriage has been annexed on page 14 of the writ petition. It has further been informed that till date no party has moved any application for cancellation of the said certificate on her declaration of her marriage null and void. It has been further contended that the girl was in a consensual relationship and it is evident from the statement of the girl under Section 164 Cr.P.C., copy of which has been annexed at page 35 of the writ petition. Reliance has also been placed on the averments made in paragraph nos. 10, 11, 12 and 13.
The Court has been informed that corpus is present in the Court and, therefore, Court proceeds to examine the corpus with the sole purpose of knowing her desire as to where she would like to go.
She informs the Court that her name is Riya Singh urf Alia Khan. On being asked "aapki umr kitni hai", she informs the Court "meri date of birth 27.01.1998 hai". On being asked "aapki high school ki certificate jis pe likha hai 27.05.1998" she says that "meri mammi ne kam likhayi hai". She informs that "mai apni marji se Taufic ke sath shadi ki hai". On being asked "ki kya aap apne mata pita ke sath jana chahengi", she informs the Court that "mai nahi jana chahti". On the insistence of the Court she was again asked "aap mata pita ke sath kyu nahi jana chahti hai" she with reluctance informs the Court that "unhone kaha tha ki ghar aaogi to mar dalenge.". Even before the Magistrate she has given the same statement "ki mata pita ne kaha hai ki tumhe jan se mar dalenge".
Thus, in view of the facts and circumstances and looking to the fact that corpus is an adult being 18 years of age and also looking to the fact that marriage is registered under the Special Marriage Act, the certificate has already been annexed and also the fact that till date none of the parties had filed any application for the revocation of the said certificate or any proceedings for cancellation of the said marriage or declaration of the marriage as null and void.
In view of the aforesaid a case for grant of indulgence is made out.
The corpus Riya Singh @ Alia Khan is accordingly released from custody forthwith and she is free to go wherever she wants to go.
Accordingly, habeas corpus writ petition stands allowed.
Order Date :- 20.12.2018 V.S.Singh