Disposal of a writ petition concerning the liberty of a minor married woman. The court proceeded in-camera, confirmed the marriage was consensual and obtained parental and husband's consent before granting liberty.
The corpus was set at liberty to go wherever she wants to go.
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Court No. - 67
Case :- HABEAS CORPUS WRIT PETITION No. - 557 of 2020
Petitioner :- Chhaya Yadav And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Rabindra Bahadur Singh Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
The case is called out. None appeared for the petitioners.
Since the parties are present in Court and thus in the interest of justice the Court is proceeding with the case.
Ms. Chhaya Yadav and Shri Raj Kamal Gupta, the petitioners are present. Shri Lalloo Ram Yadav, opposite party no. 4 and Smt. Mala Yadav, opposite party no. 5 are also present.
Smt. Chhaya Yadav was brought by lady Constable Reena Devi (P.No. 192520762) of P.S. Kotwali, District-Mirzapur. She has identified Smt. Chhaya Yadav.
From the record it is borne out that the age of Chhaya Yadav as per high school certificate is 12.5.1999 and both of them have solemnized and got their marriage registered on 17.1.2020 at Vindhyachal Mandir, Mirzapur, Uttar Pradesh. The marriage certificate is annexed as Annexure No. 3 to the petitioner. Today the Court has an opportunity to conversation with Chhaya Yadav (the Corpus). She states that out of her own sweet will she has solemnized the marriage with Raj Kamal Gupta and now she is living her marital live and she is happy.
The Court has an opportunity to have conversation with Lalloo Ram Yadav and Mala Yadav, the parents of Chhaya Yadav. The Court has specifically put a question to them. In reply to that they submits that they have no objection whatsoever regarding this marriage. Raj Kamal Gupta states that he will take good care of his wife and protect her in future.
Respecting the wish and desire of petitioners the present writ petition is disposed of with the direction that the corpus is set at liberty to go wherever she wants to go.
Lady Constable appeared before this Court along with Smt. Chhaya Yadav. She need not appear in future.
Order Date :- 7.12.2020 / Sunil Kr. Gupta
Chhaya Yadav
Raj Kamal Gupta
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
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