Allowed

Smt. Soni @ Shivani and Another v. State of U.P. and 2 Others

Allahabad HC15 May 2018HABC/3125/2018

Case brief

AI extract

What is this about?

This habeas corpus petition seeks the release of the petitioner from the custody of Nari Niketan. The court allowed the petition after the petitioner clearly stated she wished to go with her husband or another individual, relying on categorical statements before the judge.

What did the court decide?

Corpus petitioner released from custody of Nari Niketan, Mathura forthwith and permitted to go wherever she wants to go.

Smt. Soni @ Shivani and Another Vs… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 51

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Case :- HABEAS CORPUS WRIT PETITION No. - 3125 of 2018

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Petitioner :- Smt. Soni @ Shivani And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Raj Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

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Heard learned counsel for the petitioners and learned AGA for the State.

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In view of the office report dated 14.05.2018 the service of notice upon respondent no. 3 is deemed to be sufficient.

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In compliance of the earlier order of this Court dated 27.04.2018, corpus Smt. Soni @ Shivani has been produced before this Court from Nari Niketan, Mathura in custody by Lady Constable 482 Bhawna Police Station Aliganj, District Etah and SSI M.M. Dwivedi Constable 805 Suraj Singh who has brought the girl before this Court.

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Corpus Smt. Soni - petitioner has identified Raju as her husband, who in turn identified Smt. Soni- petitioner as his wife.

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Learned counsel for the petitioners submits that in paragraph no. 10, 11 and 13 that petitioners are adult and have solemnized marriage out of their own sweet and free will without any fear threat or coercion and she has given statement under Section 161 Cr.P.C. copy of which has been annexed at page 20 and also statement under Section 164 Cr.P.C. has been annexed at page 28 of the writ petition.

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Learned counsel for the petitioner has identified Smt. Soni- petitioner and Raju on the basis of document produced before him in his chamber.

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The Court has examined corpus Smt Soni petitioner. On being asked 'aap ka naam kya hai', she informed the Court "Soni"; on being asked "aapke pita ka kya naam hai" She replied, "Ram Sewak" on being asked, " kya aapne shaadi ki", she replied "Ha Raju ke sath ki hai" on being asked "aapki umar kya hai" she informed "mein 19 saal ki huu aur jaisa medical mein bhi aya hai", on being asked 'aap kaha tak padi hai' she informed "mein kabhi bhi school ni gai na hi padi huu" on being asked "yaha se aap kaha jana chahti hai" she informed the Court that "mein Raju ke sath jana chahti huu".

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In view of the categorical statement made by corpus Soni before this Court today, the Court has been left with no option but to allow the petition and release the corpus in favour of her husband.

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In view of the statement made by the girl before this Court that she wants to go with Sachin Nishad, who is present before this Court and in view of the law laid down by 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 in the case of Smt. Renu Maurya and another vs. State of U.P. and another reported in 2014 (86) ACC 128 a case for grant of indulgence

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has been made out.

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Accordingly, the writ petition is allowed. The corpus Soni- petitioner is released from the custody of Nari Niketan, Mathura forthwith and she is permitted to go wherever she wants to go. It is made clear that no hindrance will be caused in this regard and corpus Soni - petitioner is free to move from this Court.

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Order Date :- 15.5.2018 Ujjawal

Smt. Soni @ Shivani and Another v. State of U.P. and 2 Others

Case brief

What is this about?

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Smt. Soni @ Shivani and Another v. State of U.P. and 2 Others

Case brief

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