In a habeas corpus petition, the Court examined the petitioner's detention at Nari Niketan. Based on her medically verified age of 18-19 years and her express desire to join her husband, the Court held she was an adult free to move. The rule nisi was made absolute.
Petitioner is set at liberty forthwith to reside with her husband.
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Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 326 of 2020
Petitioner :- Sapna Vishwakarma Respondent :- State of U.P. and Another Counsel for Petitioner :- Surya Bhan Dubey Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
Sri Vinay Kumar has filed his Vakalatnama on behalf of the petitioner. It is taken on record.
Heard Sri Vinay Kumar, learned counsel for the petitioner and learned A.G.A. on behalf of the State.
In complinace with the rule nisi issued by this Court on 01.09.2020, the detenue Smt. Sapna Vishwakarma has been produced before this Court by a lady constable, Mamta Singh (L.C. No. 2867) posted at P.S. Shivpur, District Varanasi. She has identified the petitioner. This Court, accordingly, proceeds to ascertain the detenue's stand in relation to her claim regarding illegal detention at the instance of respondent no. 3 at the Nari Niketan. Her statement is recorded verbatim :
Q. Aapka Naam?
A. Sapana Vishwakarma.
Q. Aapke pitaji ka naam?
A. Swargeeya Chhabinath Vishwakarma.
Q. Aaapki Aayu?
A. Lagbhag 19 years.
Q. Aapki Janmtithi?
A. 20.10.2001.
Q. Aaapne Shadee kee hai?
A. Ha.
Q. Kisse kee hai?
A. Rahul Patel se.
A. Husband ke.
This Court has perused the medico legal report regarding age which shows her age to be 18 to 19 years. The report is based on an ossification test and issued by the Chief Medical Officer, Varanasi.
Learned A.G.A. has pointed out that there is a school mark sheet of the petitioner relating to her date of birth which indicates it to be 17.07.2020.
A perusal of a copy of the Register and Transfer Certificate Form relative to the said mark sheet, issued by Maa Gayatri Shikshan Sansthan, Indrapur, Shivpur, Varanasi shows that the detenue was admitted to class IV. On being confronted with the certificate, the detenue says that she was admitted late and her parents got her date recorded incorrectly as 12.07.2004, according to their wish. This Court notices that in the column about the institution last attended, there is no entry. It shows that the detenue never read in any earlier class and, therefore, her date of birth recorded in class IV for the first time may be incorrect.
Learned A.G.A. does not say that the date of birth entered in the school records aforesaid are founded on any birth certificate from the hospital or the municipal corporations. As such, entry and the date of birth of school certificate is not dependable and, therefore, liable to be ignored.
Looking to the stand of the petitioner that she has married Rahul Patel of her free will and wishes to stay with him, there is no good ground to keep her in confinement at the Nari Niketan. She is an adult and is free to go anywhere she likes and with whomsoever she wants to stay. The rule nisi is made absolute .
The detenue is ordered to be set at liberty forthwith. She is at liberty to go anywhere that she likes or stay with whomsoever she wants. Since Smt. Sapna Vishwakarma indicated a desire to stay with her husband, Rahul Patel, she is at liberty to do so.
The writ petition is allowed .
Order Date :- 8.9.2020 BKM/-
2 issues framed by the court
Whether the petitioner is illegally detained as a minor at the Nari Niketan given her self-stated age of 18-19 years and marital status.
Whether there is sufficient evidence to establish the petitioner's date of birth as a minor for the purpose of writ of habeas corpus.
Sapna Vishwakarma
State of U.P.
Another
J.J. Munir
J.
As recorded by the court registry
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