Court No. - 67
Case :- HABEAS CORPUS WRIT PETITION No. - 705 of 2019 Petitioner :- Smt. Rukhsana Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gauri Shanker Mishra Counsel for Respondent :- G.A.,Arvind Kumar Trivedi
Hon'ble Rahul Chaturvedi,J.
Heard Sri Gauri Shanker Mishra, learned counsel for the petitioner, Sri Arvind Kumar Trivedi, learned counsel for respondents no. 4 and learned AGA for the State and perused the record.
Pursuant to earlier order of this Court dated 22.07.2019, the corpus Smt. Rukhsana is present in the Court along with her father, who is duly identified by her counsel Sri Gauri Shanker Mishra. Cons. 340 Sri Atul Kumar, P.S. Juhi, District Kanpur Nagar, is also present in the Court.
On the query made by the Court to the corpus Smt. Rukhsana, petitioner, she has stated that her date of birth is 26.10.1998. She is studying in B.A. final year. She on her own volition solemnized marriage with Sri Niyaj on 28.03.2019 and the marriage was registered on the next day i.e. 29.03.2019. The Marriage Registration Certificate is on record, which is annexed as annexure-3 to the writ petition. The Court has put up question to the corpus Rukhsana that to whom she wants to go now where, she has submitted that she wants to go with her husband Niyaj, who is present in the Court. There was no pressure upon her by her father. Now she is major and has got every right to decide her future.
She has decided to live with her husband.
Taking her respective wish and desire and her age, the corpus is set at liberty and free to go to her husband Niyaj.
The amount of Rs. 50,000/, deposited before the Registrar General, High Court, Allahabad, is directed to be released in favour of Smt. Rukhsana, wife of Niyaj, within fortnight.
With the above observation, the habeas corpus petition is disposed of.
Personal appearance of Cons. 340 Sri Atul Kumar, P.S. Juhi, District Kanpur Nagar, who is present in the Court, is dispense with.
Order Date :- 26.9.2019 v.k.updh.