Hon'ble Saurabh Lavania,J.
Shri Angrej Nath Shukla, Advocate, has put in appearance for opposite party no. 3 and has filed Vakalatnama, which is taken on record.
Heard learned counsel for the petitioner, learned AGA appearing for opposite party nos. 1, 2, 4 and 5, Shri Angrej Nath Shukla on behalf of opposite party no. 3.
The detenue Smt. Seema Singh as well as her husband, Putti Lal Yadav is present before this Court today.
In present writ petition following main prayers have been made:-
" 1.) issue a writ order or direction in the nature of Habeas Corpus commanding the respondent no. 2 to produce the petitioner/detenue/corpus before this Hon'ble Court and same her right of personal liberty from the illegal detention of respondent no. 2.
2.) issue a writ order or direction int he nature Certiorari quashing thereby the impugned order dated 03.09.2019 passed by Special Judge, PCSO, Act, Court no. 1, Gonda, contained in Annexure No. 1 to this writ petition, in the interest of justice. "
By an order dated 29.09.2019 this Court has directed that the detenue Smt. Seema shall be produced before this Court today from Nari Niketan, Faizabad, Rajkiya Mahila Sharanalaya, Ayodhya (Opposite party no. 2). In pursuance to the order dated 29.09.2019, Smt. Seema/detenue has been produced by Smt. Pooja Singh, posted as Head Constable at Nari Niketan, Faizabad (Rajkiya Mahila Sharanalya, Ayodhya).
Smt. Seema submits that, she is a major and with her own free will she has married with Putti Lal Yadav and she wants to live with him as his better half.
Learned Counsel for the respondent no. 3 submits that in order to secure the future of the petitioner, who is her daughter, Putti Lal Yadav, husband be directed to deposit some money. Shri Putti Lal Yadav has assured this Court that he would fix deposit a sum of Rs.40,000/- in a nationalised bank within a period of ten days from today.
Thus, in view of the above said facts and circumstances the writ petition is allowed and impugned order dated 03.09.2019 passed by Special Judge, POCSO Act, Court no. 1, Gonda, is set aside.
Smt. Seema/petitioner who is presently detained at Nari Niketan, Faizabad (Rajkiya Mahila Sharanalaya, Ayodhya) is free to go with her husband i.e. Putti Lal Yadav.
Superintendent, (Adhikshika), Nari Niketan, Faizabad, (Rajkiya Mahila Sharanalaya, Ayodhya) is directed to release/set free Smt. Seema to go with her husband-Putti Lal Yadav.
Shri Putti Lal Yadav, husband is also directed to fix deposit a sum of Rs.40,000/- within a period of ten days, from today in a nationalized bank for a period of 5 years in the name of detenue-Smt. Seema and shall give her the money.
No order as to costs.
(Saurabh Lavania,J.) (Anil Kumar,J.) Order Date :- 27.9.2019 Lokesh Kumar Bench secretary of this Court is directed to provide an uncertified copy of this order to detenue/petitioner Smt. Seema, today.
(Saurabh Lavania,J.) (Anil Kumar,J.) Order Date :- 27.9.2019 Lokesh Kumar