Court No. - 50
Case :- HABEAS CORPUS WRIT PETITION No. - 51495 of 2017 Petitioner :- Sheela & Another Respondent :- State Of U.P. & 5 Others Counsel for Petitioner :- Santosh Kukmar Tiwari Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Rejoinder affidavit filed by learned counsel for petitioner today in the Court, is taken on record.
As per office report, respondent nos.4 and 5 surrendered before C.J.M., Shahjanahpur and were released on personal bond.
Learned counsel for the respondent nos.4 to 6 states that respondent no.6 has also subsequently surrendered before C.J.M., Shahajanapur and was released on personal bond.
The corpus Sheela was produced by respondent no.4 to 6, who was duly identified by Sri Sunil Kumal Srivastava, learned counsel for respondent nos. 4 to 6.
Upon being enquired, the corpus stated that she is post graduate and completed her post graduation from P.G. College at Shahjahanpur in the year 2012 and her date of birth is 1.5.1989. She further stated that she has made marriage with petitioner no.2 Shah Khan without converting to Muslim religion and by their choice her husband is leading Muslim religion, while she is leading Hindu religion. She stated that at present she is living with her father and respondent nos.5 to 6 and wants to live with her husband petitioner no.2 Shah Khan.
Upon hearing parties counsel and perusal of record and in view of the fact that the corpus is major, she is at liberty to go wherever she wishes and the respondent nos.4 to 6 are not entitled to keep her in their custody.
The present writ petition is decided and disposed of accordingly The money deposited by petitioner, shall be paid to corpus Smt. Sheela.
Registrar General shall ascertain to provide adequate security to the corpus for reaching upto desired place.
Order Date :- 30.4.2018 Tamang