The case is called out.
Pursuant to the order dated 30.07.2019, the opposite party no.5, Bheem Soni has attended the Court alongwith the Corpus, whose production is sought namely Smt. Anjana.
Admittedly, the father has himself filed this Writ Petition as next friend of Smt. Anjana giving her detail of age as 23 years. Moreover, in para 3 of the petition, the petitioner has stated that the age of Smt. Anjana is about 23 years and have gone married with Ajay Soni, the resident of House No.44, Deepak nagar, Patel Nagar, Police Station Ghazipur, District Lucknow on 14.05.2019. The petitioner however alleged that opposite party no.5 with the help of other persons has illegally detained the Anjana, his daughter since 15.05.2019 in his house.
The Corpus, whose production was sought by the order dated 30.07.2019, is present before the Court and identified and verified by the learned counsel for the petitioner as well as Sri Gyanendra Kumar Pandey, Advocate appearing with production of the Corpus, Smt. Anjana and acknowledges that the Corpus is same, whose production was sought in the present Writ of Habeas Corpus vide order dated 30.07.2019.
Proceeding further, the learned counsel Sri Gyanendra Kumar Pandey, Advocate has submitted a counter affidavit on behalf of Smt. Anjana and the opposite party no.5, Bheem Soni. The affidavit in counter of the writ averments, is sworn by Smt. Anjana herself who stated therein that Ram Ujagar, who is the father of deponent, has forced the deponent to marry with one Ajay Soni of his choice but as she was already in deep love and affection with opposite party no.5, Bheem since her childhood from 2010, therefore after attaining the age of majority in year 2016, they decided to marry each other. In furtherance of their affairs, they entered into marriage on 31.07.2019 in an Arya Samaj Temple, Lucknow, of whose certificate is annexed with the counter affidavit.The said affidavit along with the counter by Smt. Anjana is taken on record.
Learned counsel for the petitioner-father, in the course of argument has admitted that the marriage alongwith Ajay Kumar Soni could not have been solemnized as the bride Anjana left the ceremonial place and opted to marry with opposite party no.5.
At this stage, though, in view of the affidavit and admission on the part of learned counsel on behalf of the petitioner-father, it is meaningless to inquire the lady Smt. Anjana (corpus) about her willingness personally before the Court, but for the satisfaction of the Court, her willingness is asked for the purpose to be recorded. The Corpus, when asked, she admitted that she has entered into marriage alongwith Bheem Soni, opposite party no.5 and co-habiting alongwith him, leading matrimonial life as husband and wife.
In view of the decision of Hon'ble Apex Court in Lata Singh Vs. State of U.P. reported in AIR2006SC2522 quoted hereunder;
"This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes.
If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage.
We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.'' The Corpus, Smt. Anjana, who is alleged to have been illegally detained by Bheem Soni, having no force and it is abundantly clear that they are cohabiting in marital relation on their own desire and wishes.
Therefore, writ of Habeas Corpus for the purpose of production of Anjana, finds no merit, liable to be dismissed. Smt. Anjana, whose production is sought by order dated 30.07.2019 is set to liberty to go anywhere, live with person of her own choice, without any interfere of any other person.
Order Date :- 26.8.2019 Saurabh