Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 3889 of 2018 Petitioner :- Smt. Rubi Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Mishra,Dhir Man Misra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Sri Dhir Man Mishra, learned counsel for the petitioners, Sri Pratyan Singh, learned counsel for the respondent no.4 and Sri Rajesh Mishra, learned AGA appearing for the State.
This writ petition has been filed with the prayer for direction to the respondent no.3 for production of corpus before this Court and release the corpus to her husband according to her sweet and free will. Further prayed for direction to the respondents fro not harassing the corpus at the Nari Niketan, Mathura.
In compliance of the earlier order of this Court dated 19.11.2018, the corpus namely Rubi Yadav, has been produced before this Court from Nari Niketan, Mathura, in custody of Sub-inspector Bhaiya Lal Yadav (P.No.980880311), Nidhi Pawar(Lady Constable P.No.162512452).
The contention of the counsel for the petitioners in the present habeous corpus writ petition is to the effect that the corpus Rubi Yadav is an adult and she has solemnized marriage with Satish Yadav, own her free will without any fear, threat or coercion.
The record shows that as per the certificate issued by the Chief Medical Officer, Etah, the age of the girl is 18-19 years. She is also carrying pregnancy of 29 weeks, which is evident from the Ultrasound report dated 16.10.2018, copy of which is annexed at page no.24 of the affidavit filed in support of the writ petition. It is also contended that both the corpus and her husband are adult and they have solemnized their marriage which was registered, copy of which is annexed at page no.7 of the affidavit filed in support of the writ petition.
The Court has been informed that the corpus Rubi Yadav is present before the Court, thus with the consent of learned counsel for the petitioners as well as learned AGA, the Court proceed to examine the corpus namely Ruby Yadav, who is present before the Court.
On being asked 'ki app ka naam kaya hai', she informed the Court 'ki mera naam Ruby Yadav'. On being asked 'ki app ke pita ji ka kaya naam hai', she informed the Court ki 'mere pita ji ka naam Ram Naresh hai', who is duly represented before this Court by his counsel and is also present before the Court. On being asked 'ki app ne shadi apani marji se kari hai aur kiske sath' she said yes 'shadi maine apani marji se kari hai, Satish Yadav ke sath, bina kisi dar ya dabaw ke', who is also present before the Court.
The petitioner no.1 Rubi Yadav and her husband namely Satish Yadav have identified each other, and both the petitioners have also been identified by their counsel Sri Dhir Man Mishra, on the basis of the documents produced before him in his chamber.
Thus, keeping in view the facts and circumstances of the case i.e. age of the girl which is admittedly more than 18 years as per the medical certificate, the statement made by the girl before this Court, she is carrying pregnancy of 29 weeks, this Court does not deemed it fit to send the girl at Nari Niketan, Mathura, a case of grant of indulgence has been made out. There is no purpose will be served in keeping the matter pending before this Court.
The corpus Rubi Yadav, is present before the Court, who is an adult, she is free to go wherever she wants to go and no hindrance in her free movement will be placed by any of the respondents. She is accordingly released from the custody forthwith. In the present case she expressed her desire that she wants to go with her husband Satish Yadav, who is also present before the Court.
The respondent no.4 and his family members are hereby restrained from interfering in any manner whatsoever, with the life of petitioner.
The Habeous corpus writ petition is accordingly stands, allowed. However, liberty is given that in case it is found that some facts has been concealed, in the present writ petition, the person concerned shall file a recall application before this Court to recall the present order.
Order Date :- 29.11.2018 VKG