This Habeas Corpus petition sought release of a married minor girl. After confirmation via X-ray that she was 18-19 years old, the Court allowed her liberty to live with her husband.
The respondents no. 4 and 5 directed to set at liberty the petitioner Smt. Jyoti to go with her husband.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Court No. - 2
Case :- HABEAS CORPUS WRIT PETITION No. - 271 of 2020
Petitioner :- Smt. Jyoti Rani Respondent :- State of U.P. and others Counsel for Petitioner :- Ayank Mishra Counsel for Respondent :- G.A.,Gopal Srivastava,Ravindra Kumar Tripathi
Hon'ble Suneet Kumar, J.
“Heard Sri Ayank Mishra, learned counsel for the petitioner, learned counsel for the respondent nos. 4 and 5 and perused the record.
The corpus-Smt. Jyoti Rani is present pursuant to the earlier order the Court dated 22.9.2020. She recorded her statement, which is quoted as under:
^^esjh mez 18 o"kZ gSA eSa ckfyx gw¡A esjh 'kknh fodkl ds lkFk fnukad 16-112019 dks gks pqdh gSA eSa viuh bPNk ls vius eka&cki ds lkFk jg jgh gw¡A vc eSa viuh bPNk ls vius ifr ds lkFk tkuk pkgrh gw¡A blesa esjs ifjokj dh dksbZ xyrh ugh gSA^^
Learned counsel for the respondent nos. 4 and 5 states that date of birth of the corpus is 10.08.2003 as per the High School Marksheet and she is minor. He further states that he will file the counter affidavit within three days.
Put up this case again on 21st October, 2020 as fresh before appropriate Bench. On that date, the respondent nos. 4 and 5 shall produce the corpus before the Court.”
present before the Court. In the opinion of medical experts, radiological age of Smt. Jyoti is about 18-19 years. As per X-ray report:
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| A-Right Elbow AP | Epiphysis at Elbow |
|---|---|
| B-Right Knee AP | Knee and wrist joint |
| C-Right Wrist AP | are fused. |
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Order Date :- 21.10.2020 P. Sri.
Digitally signed by Justice Justice Suneet Kumar Suneet Kumar Date: 2020.10.22 17:45:31 +05'30'
2 issues framed by the court
Whether a minor girl who is married and insists on living with her husband should be released from parental custody.
Whether the medical report indicates the corpus minor has attained majority allowing her to accompany her husband.
Colour shows how this judgement treated each authority
Suhani and another Vs. State of U.P. and othersReferred¶18
Suhani and another Vs. State of U.P. and others (Civil Appeal No. 4532 of 2018)
Smt. Jyoti Rani
State of U.P.
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
