Allowed

Sheelam Alias Rehana and Anr. v. State of U.P. and Ors.

Allahabad HC21 Feb 2018HABC/2832/2018

Case brief

AI extract

What is this about?

This writ petition sought the release of a petitioner confined in Nari Niketan. The Court allowed the petition, relying on the corpus-petitioner's statement of voluntary cohabitation, and ordered her release to follow her own wishes.

What did the court decide?

Impugned order calling a statement was set aside and corpus-petitioner released to go to her own wishes. Respondent-4 directed to set her at liberty.

Sheelam Alias Rehana and Anr. Vs State of… — Child Custody and Guardianship | Allahabad HC (2018)

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Court No. - 1

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Case :- HABEAS CORPUS WRIT PETITION No. - 2832 of 2018

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Petitioner :- Sheelam Alias Rehana And Anr. Respondent :- State Of U.P. And Ors. Counsel for Petitioner :- Paritosh Kumar Malviya Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.

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Sri Surendra Mohan Mishra, learned counsel for the complaint filed his Vakalatnama the same is taken on record.

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Heard Sri Paritosh Kumar Malviya, learned counsel for the petitioners, Sri Surendra Mohan Mishra, learned counsel for complaint and Sri I.P. Srivastava, learned A.G.A. for the State.

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Learned counsel for the petitioner is permitted to implead the father of the corpus i.e. respondent-5 during the course of the day.

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This petition has been filed by the petitioners with a prayer to direct the respondent no. 2 to produce the corpus-petitioner no.1 before this Court and release her after recording the statement for going anywhere according to her wishes.

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Learned counsel for the petitioner submitted that the petitioner no.1 was a Major girl, as per the medical report as well as school leaving certificate. The petitioner No.2 has challenged the FIR, in which his arrest was stayed by this Court, passed in Writ Petition No. 25856 of 2017, which was finally disposed of by this Court on 12.01.2018, but the investigating is still pending. The victim has been sent to Nari Niketan, where she has been confined against her wishes. The victim has stated in her statement under Section 164 Cr.P.C. that she had voluntary eloped with the petitioner no.2. He submits that even though the victim/petitioner no.1 was minor, but she cannot be allowed to kept in Nari Niketan against her wishes. In support of his arguments, he has further placed reliance on the judgment of the Apex Court as well as this Court in the case of Smt. Parvati Devi Vs. State of U.P. reported in 1992 All. Crl. Cases 323 and Smt. Renu Maurya and another Vs. State of U.P. and another reported in 2014 (86) ACC 128 .

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In compliance of this Court's order dated 06.02.2018, the corpus-petitioner no.1, Smt Sheelam alias Rehana has been

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produced by respondent no. 3 before this Court today and on a query being made, she has stated that she wants to go with her husband Shabbir (petitioner no.2).

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Considering the submissions advanced by learned counsel for the parties and taking into account the fact that as per the statement of the corpus-petitioner no.1, she voluntarily gone with Shabbir and in view of the law laid by the Apex Court as well as this Court in the case of Smt. Parvati Devi (Supra), Smt. Renu Maurya (Supra), the corpus-petitioner is set at liberty to go in accordance with her own wishes. The impugned order dated 29.01.2018 passed by court below sending the corpus-petitioner in Child Protection Home, Moradabad/Nari Niketan is hereby set aside.

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The respondent no. 4 is directed to set at liberty the corpuspetitioner no.1 Sheelam alias Rehana to go according to her own wishes.

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Accordingly, the present petition is allowed .

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(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.2.2018 S. Thakur

Sheelam Alias Rehana and Anr. v. State of U.P. and Ors.

Case brief

What is this about?

What did the court decide?

Sheelam Alias Rehana and Anr. v. State of U.P. and Ors.

Case brief

What is this about?

What did the court decide?

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