Allowed

Smt. Fatima Bi and Another v. State of U.P. and 5 Others

Allahabad HC3 Jan 2019HABC/3968/2018

Case brief

AI extract

What is this about?

The High Court examined an adult petitioner girl present before it via guardians. Upon her expression of desire to live with one of the other petitioners, the Court ordered her immediate release from custody and dismissal of respondent opposition.

What did the court decide?

Release of the petitioner girl from custody forthwith; she is free to go with Asif, petitioner No.2.

Smt. Fatima Bi and Another Vs State of U.P. and 5 Others — Domestic Violence | Allahabad HC (2019)

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Court No. - 51

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Case :- HABEAS CORPUS WRIT PETITION No. - 3968 of 2018 Petitioner :- Smt. Fatima Bi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manish Joshi Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.

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Today when the case is taken up Sri Zafar Abbas, learned counsel has put in appearance on behalf of the respondent no.6, the father of the girl/first informant.

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Heard Sri Manish Joshi, learned counsel for the petitioners, Sri Zafar Abbas, learned counsel, who has put in appearance on behalf of the respondent no.6, the father of the corpus/first informant and Sri Rajesh Mishra, learned AGA appearing for the State.

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The record shows that the corpus as per the medical certificate is 19 years, copy of which is annexed on page no.30-B of the writ petition. It is also been informed to the Court that the marriage stands duly registered under the signature and seal of the Marriage Registration Officer, Ghaziabad and the certified of registration of marriage is annexed on page no.24 of the writ petition. We have also perused the statements of the girl under Section 164 Cr.P.C., copy of which has been annexed on page no.32 of the writ petition, which clearly shows that the parents of the girl was forcing her to marry with some body else and thus she has eloped on her own sweet will. She categorically stated in her statement under Section 164 Cr.P.C. that ^^fd esjs eEeh ikik gekjh fj'rsnkjh 'kknh djuk pgk jgs Fks ftldks eSaus euk dj fn;k Fkk vflQ ls eSus 'kknh dj yh fudkg fnukad 09-10-2018 esa dj fy;k] ?kVuk dh rkjh[k 02-10-2018 eas jkr 1 cts vkflQ ls 'kknh djus ds fy, vius vki ?kj ls

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Hkkx x;h D;ksafd ;s eq>s ekj jgs Fks vkflQ dks eSus vius Qksu ls 1-25 cts jke esa gh Qksu dj fn;k Fkk vkflQ vxys fnu fnYyh ls ,d cts vk;k ba[kks&bZ[kks ls eS [kkukokyk vdsyh gh fudy x;h vkflQ bZ[kksa esa eq>ls ckbd esa feyus vk;kA vkflQ ds lkFk eSa fnYyh pyh x;h vkSj ogh fetkZiqj xkft;kckn eas fudkg dj fy;k ogkaW ls rfeyukMq igqp x;s rfeyukMw ls 56 fnu igys Q~ykbZV ls c;ku ds fy, vk;s gwaW] eS vHkh llqjky esa jg jgh gwaWA

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She has been produced before this Court from Nari Niketan, Moradabad in the custody of Sub-inspector, Sri Meghraj Singh, Police Station Thakur Dwara, District Moradabad (P.No.880740645), Head Constable Sri Sitaram (P. No.842530275, HC-375), Police Line, Moradabad and Lady Constable No.2145, Ms. Reeta Pundir(P.No. 112643850), Police Line, Moradabad. The Court has been informed that the corpus Fatima Bi is present before this Court, accordingly the Court has proceeded to examined the corpus with the consent of learned counsel for the parties, only to know her desire and will as to where she would like to go:-

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“On being asked ki ^^vkidk uke D;k gS** she informed the Court ki ^^esjk uke Qkfrek ch gSA On being asked ki ^^vkids firkth dk D;k uke gS she informed the Court ki ^^esjk firkth dk uke eqtQ~Qj gqlSu gSA On being asked ki ^^vkius 'kknh dh gS vkSj fdlds lkFk she informed the Court ^^fd eSus viuh ethZ ls vkflQ ds lkFk fudkg fd;k g S A The said Asif is also present before the Court. On being asked ki ^^vHkh vki ;gkaW ls dgkaW tkuk pkgsaxh she informed the Court ^^fd eS vkflQ ds lkFk gh tkuk pkgwaWxh**A

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The petitioner nos. 1 and 2 have identified each other and both the petitioners have also identified by their counsel on the basis of the documents produced before him in his Chamber.

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Since, apparently the girl is an adult and in view of the statement made by the girl before this Court as well as statement under Section 164 Cr.P.C., a case of grant of indulgence has been made out. There is no purpose will be served in keeping the matter pending before this Court.

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The corpus Smt. Fatima Bi, who is present before the Court is released from custody forthwith and she is free to go wherever and with whom she wants to go. In the present case she has express her desire that she would like to go with Asif, the petitioner no.2, who is present before the Court, accordingly, she is free to go with Asif and no hindrance in her free movement will be placed by any of the respondents.

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The habeous corpus writ petition is accordingly stands, allowed.

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Order Date :- 3.1.2019 VKG

Smt. Fatima Bi and Another v. State of U.P. and 5 Others

Case brief

What is this about?

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Smt. Fatima Bi and Another v. State of U.P. and 5 Others

Case brief

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