Court No. - 84
Case :- HABEAS CORPUS WRIT PETITION No. - 442 of 2021 Petitioner :- Roshani Devi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Saher Naqvi Counsel for Respondent :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Ms. Saher Naqvi, learned counsel for the petitioners and Sri Vinod Kant, learned Additional Advocate General assisted by Sri Jhamman Ram, learned Additional Government Advocate appearing for the State-respondents.
Pursuant to previous order dated 05.08.2021 the petitioner no.1 (corpus) has been produced before the Court by Sub Inspector -Janardan Singh and Lady Constable Geetesh Singh, who have identified her.
Supplementary affidavit filed today, is taken on record.
Alongwith supplementary affidavit, copy of School Leaving Certificate and the High School Examination Result, 2015 downloaded from the website of the Uttar Pradesh Madhyamik Shiksha Parishad, have been appended to indicate that the date of birth of petitioner no.1 is 20.05.1999.
Learned Additional Advocate General does not dispute the correctness of the School Leaving Certificate and also the High School Result with regard to the date of birth of the petitioner no.1.
Pleadings in the petition are to the effect that the petitioners got married on 15.05.2021 according to religious rites but soon thereafter petitioner no.1 was taken away by the respondent nos 4 and 5 (her maternal relatives) and that she was prevented from returning back to her matrimonial home.
Learned Additional Advocate General submits that the material which has been placed on record does not inspire confidence with regard to the factum of marriage. He, however, does not dispute that the police has brought the petitioner no.1 (corpus) from the place of the petitioner no.2.
Learned AGA on the basis of an inquiry made from the petitioner no.1 (corpus) in Court submits that she has stated her date of birth to be 20.05.1999 and that she is major. She has also stated that she passed her Intermediate Examination in the year 2018. Further, she has stated that she has married the petitioner no.2 in accordance with religious rites. She has stated that presently she has been brought from her matrimonial home, where she is living with the petitioner no.2. On a specific query, she has stated that she does not perceive any threat to her life and liberty.
Having regard to the aforesaid, the petitioner no.1-Roshni Devi is at liberty to go back to the place of the petitioner no.2, from where she has asserted that she has been brought. She shall be escorted in safety, but free, by the police.
Petition stands disposed of accordingly.
Order Date :- 12.8.2021 Nitendra (Dr. Y.K. Srivastava, J.)