Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 4021 of 2018 Petitioner :- Sumaela Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shamsuddin Ahmad Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Sri Anil Kumar Shukla, Advocate who has put in appearance on behalf of respondent no. 5, Aslam.
Heard Sri Shamsuddin Ahmad, learned counsel for the petitioner, Sri Anil Kumar Shukla, learned counsel for the respondent no. 5 and learned A.G.A. for the State.
In compliance of the order dated 18.12.2018 girl Sumaela has been produced in custody before this Court. She has been brought here from Bal Grih Balika, Pushpanjali Vihar, Janta Raod, Saharanpur (Shelter Home) by S.I. Sachin Kumar Sharma and lady constable Lata Devi. Petitioner no. 5 Aslam is also present before this Court.
From the perusal of the statement of the girl recorded under Sections 161 Cr.P.C. (Annexure-3) at page 25, it appears that she had left her parental home on her own accord and solemnized marriage with Shoaib. She in her statement recorded under Section 164 Cr.P.C. (Annexure-3) at page 27 has categorically stated that "Maine apni marzi se Shaher Qaazi ki masjid me Shoaib se Nikah kar liya. Meri gharwalon ne jhootha mukadma likhwaya hai. Baad me mere gharwale bhi man gai".
We have also perused the Medical report of the girl produced by Senior Radiologist, S.B.D. District Hospital, Saharanpur which reads as under :
1. Elbow - Epiphysis fused completely.
2. Knee - Epiphysis of bone of knee joint fused.
3. Wrist - Epiphysis fused completely.
4. Illiac crest and ischial tuberosity - Epiphysis fused completely.
Corpus Sumaela is present before this Court and even from the looks she appears to be adult and with the consent of learned counsel for the both side, the Court proceeds to examine her.
On being asked from the girl as to what is her name, she informs that her name is Sumaela. On being further asked that what is her father's name, she informs that Mohd. Aslam.
On being further asked from the girl that "aap to Bal Grih Balika, Pushpanjali Vihar me thi to apne maata-pita ke pass kaise pahunchi. She replied that "main wahan se apni marzi se apne maata-pita ke paas chali gyi thi".
The Child Welfare Committed vide its order dated 3.11.2018 has refused to give the girl in the custody of her parents, copy whereof has been filed as Annexure-5 to the writ petition.
Upon being questioned by the Court "ab tum kahan jana chaheti ho". She replied "main apne maate-pita ke paas jana chahati hoon".
Upon being questioned again by the Court "ab tum kahan jana chahati ho" She replied "main apni marzi se apne maata-pita ke pass jana chahati hoon."
It has been informed that respondent no. 5, Aslam, father of the girl is also present before the Court who has been identified by the girl as her father who in turn has identified the girl as his daughter.
Learned counsel for the petitioner submitted that the sister-in- law of the girl is also present before this Court and she wants to talk to the girl.
Upon being asked by the Court to the girl "kya tum unse baat karna chahti ho". She replied "nahi unhon ne meri shaadi zabardasti kara di thi."
In view of the statement made before this Court, no other adjudication is required.
Thus, looking to the age of the girl and looking to the statements of the girl recorded under Sections 161 & 164 CrPC and the statement of the girl made before this Court, a case for grant of indulgence has been made out.
The corpus Sumaela who is present before this Court, produced in custody from Bal Grih Balika, Pushpanjali Vihar, Janta Raod, Saharanpur (Shelter Home) is hereby released from custody forthwith. Accordingly, the girl being adult is free to go wherever and with whom she wants to go.
Since the corpus Sumaela wants to go with her parents, she is free to go with them and no hindrance will be placed in her movement by any respondents.
The habeas corpus writ petition is accordingly dismissed.
Order Date :- 21.1.2019 Faridul