In this habeas corpus petition, the High Court examined the petitioner girl Basanti. Upon establishing her consent to go with her husband Dinesh and refusal to meet parents, the Court allowed the petition and released her from custody.
Writ petition allowed; corpus set at liberty forthwith to go with husband Dinesh; no hindrance placed in movement.
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Court No. - 51
Case :- HABEAS CORPUS WRIT PETITION No. - 2987 of 2018
Petitioner :- Smt. Basanti Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Rakesh Pati Tiwari Counsel for Respondent :- G.A.,Harish Chandra Pal,Mahendra Kumar Yadav
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
In pursuance to the order passed by the another Bench of this Court dated 28.03.2018, girl Basanti has been produced in custody before this Court. She has been brought here from Nari Niketan, Bareilly by two police constables namely Akansha and Moni and one Sub Inspector namely Asharam, Police Line, Bareilly.
Corpus Basanti is present before this Court. It has been informed to the Court that since the girl wants to make a statement before this Court, the Court proceeds to examine the girl:-
On being asked from the girl as to what is her name, she informs that her name is Basanti; on being further asked from the girl as to what is the name of her father, she told "Ram Chandra"; on being asked from the girl as to what is the name of her husband, she told "Dinesh"; on being asked as to what is her date of birth, she informed that her date of birth is 05.07.2000. On being asked from the girl that "aap kahan jana chahti hai, she told "apne pati ke sath". On being further asked that "kya aap apne parents se milna chahti hain" she has vehemently opposed and informed the Court that "wo apne parents se na milna chahti hai na hi baat karna chahti hai."
The girl Basanti through whom the present writ petition has been filed is also present before this Court who has identified Dinesh as her husband who in turn has identified the girl as his wife. Both have been identified by their counsel on the basis of documents produced in his chamber.
Accordingly, the writ petition succeeds and is allowed . Corpus Basanti is hereby set at liberty forthwith and she is permitted to go wherever and with whom she wants to go. Since the corpus has expressed her desire to go with her husband Dinesh Kumar, she is permitted to go with her husband Dinesh. No hindrance will be placed in her movement.
Order Date :- 16.4.2018/T.S.
2 issues framed by the court
Whether to release the petitioner from custody based on her expressed desire to go with her husband.
Whether to place any hindrance in the petitioner's movement to join her husband.
Smt. Basanti
State Of U.P.
3 Ors.
Vipin Sinha
Mahboob Ali
As recorded by the court registry
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