In a Habeas Corpus petition, the Court ascertained the minor petitioner's age via a medical board. Finding her a minor and married below age, the Court allowed her to go into the custody of her father upon his undertaking.
Petitioner No. 1 Km. Shobha allowed to go with her father Rajendra Kumar Lodhi.
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Court No. - 80
Case :- HABEAS CORPUS WRIT PETITION No. - 251 of 2020
Petitioner :- Km. Shobha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Shri Surendra Kumar Tripathi, learned counsel for the petitioners, Shri Sanjay Sharma, learned AGA and perused the material placed on record.
Birth Certificate of Km. Sobha D/o Rajendra Kumar issued by the Chief Medical Officer, Prayagraj along with Medicate Certificate are taken on record.
This Court vide order dated 19.06.2020 passed the following order;
“This Habeas Corpus petition filed effectively by the second petitioner asking the first petitioner to be produced before this Court on an allegation that she is being unlawfully held in confinement by respondent No.3. It is prayed that upon production she be set at liberty.
In compliance with the rule nisi issued by this Court on 09.06.2020, after some glitches, the detenue petitioner No.1 claimed to be Shobha has been produced before this Court by Shimla Kushwaha, Police Constable (C.P. No.162411007). The detenue has been identified by the aforesaid Constable.
This Court has proceeded to ask Shobha about the fact whether she is in unlawful confinement and related questions, a record of which is made below verbatim:
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iz'u- vkidh vk;q fdruh gS\ mRrj- th 19 o"kZ-^^
At this stage of the proceedings, learned counsel for the petitioner points out that the first petitioner is a minor aged about 15 years. Her date of birth according to her mark-sheet issued by the Prathamik Vidhyalaya, Kumihawan, Sarsawa, District Kaushambhi, is 15.05.2005, which shows her to be just 15 years old. Since there is an issue about her age on which much would depend if the first petitioner is entitled to stay with Rahul according to her choice, it is ordered that the first petitioner Shobha, who is in Court be immediately forwarded to the Chief Medical Officer, Prayagraj, for a medical determination of her age. The Chief Medical Officer, Prayagraj will constitute a Medical Board of three doctors for the purpose and submit his report to this Court by Monday.
Let the Senior Superintendent of Police, Prayagraj take immediate steps to ensure production of the first petitioner Km. Shobha before the Chief Medical Officer, Prayagraj today for the purpose of ascertaining her age. Until Monday, Km. Shobha will be housed in the Nari Niketan Khuldabad, Prayagraj and will be produced again on 22.06.2020 at 02.00 p.m. before this Court. By that time, the report of the Medical Board submitted through Chief Medical Officer, Prayagraj shall be placed before the Court without fail.
List on 22.06.2020 at 2:00 p.m. before the appropriate Bench. This will not be treated as part heard or tied up with this Bench.
Let this order be communicated to the Senior Superintendent of Police, Prayagraj and the Chief Medical Officer, Prayagraj, by the Joint Registrar (Compliance) forthwith. Let a copy of this order be provided to the learned Government Advocate, High Court Allahabad today.”
In compliance of the order dated 19.6.2020 passed by this Court, the Chief Medical Officer, Prayagraj constituted a Medical Board for ascertaining the age of Km. Shobha D/o Rajendra Kumar R/o village Babhanpura, Police Station Karari, District Kaushambi on 20.06.2020 and the Medical Report No.medi/2020 dated 20.06.2020 has been produced before this Court in a sealed cover.
After perusal of the medical report dated 20.06.2020, this Court find that the age of the petitioner No.1 Km. Shobha was mentioned as 17 years and her photograph was attested by the Chief Medical Officer, Prayagraj along with Medical Certificate. A copy of the medical report is also annexed.
In view of the medical report dated 20.6.2020 submitted by the Chief Medical Officer, Prayagraj, this Court find that petitioner No.1 Km. Shobha is aged about 17 years and is minor, she has not attained the marriageable age and any act in this regard
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performed by her is void ab initio.
The detenue petitioner No.1 Km. Shobha has been produced before this Court today by Ladies Constable Kalawati (C.P.No.1429) and Constable Anupam Mishra (C.P. No.182440683), police station Manjhanpur, District Kaushambi along with Sub Inspector Shri Ravi Shanker, Police Station Manjhanpur District Kaushambi. The detenue petitioner no.1 in her statement before this Court submitted that she is ready to go with her father Shri Rajendra Kumar Lodhi who is also present before this Court today.
In view of the statement made by petitioner no.1 Km.Shobha, she is allowed to go with her father Shri Rajendra Kumar Lodhi who ensure this Court that he will do all the best possible thing in favour of his daughter.
Km. Shobha (petitioner no.1) and Rajendra Kumar Lodhi (petitioner no.2) have put their signatures in the order sheet identified by their counsels before this Court today and Shri Rajendra Kumar Lodhi (petitioner no.2- father) has taken his minor daughter Km. Sobha in his custody.
With the aforesaid observation, this writ petition stands disposed of accordingly.
Order Date :- 22.6.2020 SFH
2 issues framed by the court
Whether the minor detenue petitioner should be allowed to go into the custody of her father after ascertaining her age via a medical board.
Whether the petitioner's consent via a medical board is necessary for her being produced before this Court.
Km. Shobha
Rajendra Kumar Lodhi
State Of U.P.
Shimla Kushwaha
3 Others
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
