Court No. - 49
Case :- HABEAS CORPUS WRIT PETITION No. - 427 of 2021 Petitioner :- Sahil Alias Kallu And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Azad Khan Counsel for Respondent :- G.A.
Hon'ble Vivek Agarwal,J.
1. None for the petitioners.
2. Nobody had appeared for the petitioners even on 09.08.2021. Today also, nobody is appearing for the petitioners.
3. Perused file with the help of Sri Gambhir Singh, learned AGA for the State.
4. As per the prayer clause, it is evident that petitioner no. 1 claims himself to be husband of petitioner no. 2 and father of petitioner no. 3 and is seeking custody of petitioner no. 2 and 3, claiming them to be under illegal detention of respondent no. 4, who is mother of petitioner no. 2 and grandmother of petitioner no. 3.
5. Sri Gambhir Singh submits that as per the Junior High School Examination Certificate, issued by Purva Madhyamik Vidyalaya Indra Kanya Nagar, Konch, date of birth of petitioner no. 2 is shown as 08.09.2002. It is the claim of the petitioner no. 1 that he had married to petitioner no. 2 on 20.01.2019, for which, as a proof, copy of 'nikahnama', has been enclosed along with the petition.
6. Sri Gambhir Singh submits that as petitioner no. 2 was minor at the time of marriage, it cannot be said to be a valid marriage in the eyes of law. It is also submitted that petitioner no. 2 is victim of Case Crime No. 18 of 2019, registered under Sections 363, 366, 376, 120-B IPC and 3/4 of POCSO Act, Police Station-Kotwali Konch District-Jalaun. He also points out that learned Additional Sessions Judge, Court No. 1, Jalaun at Orai vide order dated 25.07.2019, passed in Case Crime No. 18 of 2019, decided the issue of custody.
7. However, looking to the fact that now petitioner no. 2 has already attained the age of majority, she is free to decide her place of residence after taking note of her well-being, and if she is staying with her mother on her own volition, it cannot be said that there is any illegal detention of petitioner nos. 2 and 3 in the hands of respondent no. 4. Therefore, petition fails and is dismissed.
Order Date :- 13.8.2021 Vikram/-