High Court allowed habeas corpus petition issued for release of detained wife who was a major and married. Court directed police to ensure safety and non-interference with married life and liberty.
Petitioner set at liberty forthwith. Directed police to ensure safety and non-interference with married life.
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Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 242 of 2020
Petitioner :- Aparna Tripathi Now Aparna Jain (Corpus) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Mishra,Birendra Kumar Gautam
Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
Counter affidavit has been filed today on behalf of respondent no.4, which is taken on record.
Heard Sri Ashish Mishra, learned counsel for the petitioner, Sri Indrajeet Singh, learned A.G.A. for the State and Sri Dhiraj Kumar Pandey, learned counsel appearing on behalf of respondent no.4.
A perusal of the writ petition shows that the prosecutrix is a major. According to the High School certificate, her date of birth is 14.04.1996. Even otherwise, she is a matured person who has done her Graduation and D. El. Ed. (Diploma in Elementary Education). There are also on records documents to show that Aparna Jain has married Subodh Jain in accordance with Hindu Rites. That marriage has been registered by Marriage Registration Officer, Chitrakoot under the Uttar Pradesh Marriage Registration Rules, 2017. The said certificate of registration of marriage is a document dated 18.01.2018.
Learned counsel for the petitioner has pointed out that there is a threat to the life of the young couple, as an uncle of the detenue, is an Inspector in the Police and has threatened the couple.
In compliance with the rule nisi issued on 17.03.2020, the detenue, Aparna Jain daughter of Sri Rama Kant Tripathi and wife of Subodh Jain has been produced before this Court by her father Sri Rama Kant Tripathi represented by Sri Dhiraj Kumar Pandey, Advocate, who has identified the detenue, Aparna Jain before this Court. This Court, accordingly, proceeds to record her stand in the matter verbatim :
Q.1. Aapka naam?
Ans. Aparna
Q.2. Aapke pitaji ka naam?
Ans. Sri Rama Kant Tripathi
Q.3. Aapki aayu? Ans. 24 Varsh Q.4. Kya aapne shadi ki hai? Ans. Ji Q.5. Kisse ki hai? Ans. Subodh Jain se Q. 6. Kahan tak padhi hain? Ans. Graduation and D.El.Ed. Q. 7. Kiske sath rahna chahti hain?
Ans. Subodh ke sath
Q. 8. Pitaji ke sath nahi rahna chahti hain?
Ans. Nahi (she nodded her head in refusal)
Going by the stand of the prosecutrix, it is clear that she is in unlawful detention of the fourth respondent, her father and she wants to go with her husband. She is an adult and is free to go anywhere she likes and with whomsoever she wants. The rule is made absolute.
The petitioner is ordered to be set at liberty forthwith. She has indicated her desire to go with her husband, Subodh Jain. She is free to do so. The writ petition stands allowed .
It is further directed that the Senior Superintendent of Police, Banda shall take requisite steps to ensure that no harm is caused to Aparna Jain and Subodh Jain and nobody interferes with their married life and liberty.
Let this order be communicated to the Superintendent of Police, Chitrakoot and Senior Superintendent of Police, Banda by the Joint Registrar (Compliance).
Order Date :- 9.9.2020 Atul
1 issue framed by the court
Whether a majored wife detained by her father in violation of her wishes by being unlawful manner is entitled to immediate release under habeas corpus.
Aparna Tripathi
State Of U.P.
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
