Habeas Corpus petition filed for illegal detention of petitioner-most by her mother. Court found corpus, a major, willing to live with petitioner-2. Petition allowed, corpus freed to join husband.
Corpus (petitioner-1) allowed to join petitioner-2; habeas corpus petition allowed.
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Court No. - 83
Case :- HABEAS CORPUS WRIT PETITION No. - 214 of 2021
Petitioner :- Swati @ Gulnar Rayeen And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajesh Kumar Srivastava, learned counsel for petitioners and learned AGA for State.
Petitioners Swati @ Gulnar Rayeen and Manish Rathour have filed present Habeas Corpus Petition claiming following relief :
" I. Issue a writ, order or direction in the nature of Habeas Corpus directs the respondent no.2 to produce the corpus-petitioner no.1 from the illegal detention of her mother-respondent no.4, before this Hon'ble Court as soon as possible.
II. Issue a writ, order or direction in the nature of mandamus commanding the respondents Nos. 2 and 3 to protect the life and liberty of the petitioners.
III. Any other, order or direction which this Hon'ble Court may deem fit and proper in the aforesaid facts and circumstances of the case.
IV To award the cost of the petition in favour of the petitioner."
The present habeas corpus writ petition came up for admission on 16.03.2021 and this Court passed following order:
"Heard Sri Rajesh Kumar Srivastava, learned counsel for the petitioners and Sri Ratnendu Kumar Singh, learned A.G.A. appearing for the State respondents.
The petitioners claim to have solemnized their marriage on 22.2.2020 and their marriage is stated to have been registered on 28.2.2020. Both the petitioners claim to be major. It is asserted that the petitioner no. 1 (wife) has been taken away by respondent no. 4 (her mother) and that she is being illegally detained.
Admit.
Issue notice to respondent no. 4 returnable on 15.04.2021.
The petitioner no.2 shall deposit a sum of Rs. 10,000/- before the Registrar General, High Court, Allahabad within one week and also take steps for issuance of notice within the same time period. Notice shall be issued subject to the said deposit.
Respondent No. 4 is directed to produce the petitioner no.1 on the next date fixed and show cause as to why she should not be set free from her custody.
Put up on 15.04.2021 in the additional cause list."
Subsequently this Court passed another order on 21.06.2021. For ready reference, same is reproduced herein below:
"Heard Sri Virendra Kumar Srivastava, learned counsel for petitioners and learned A.G.A. for the State.
The present writ petition was admitted on 16.3.2021 and respondent no.4 was directed to produce petitioner no.1 on the next date fixed in the matter.
The case was again listed on 5.5.2021 and on that day learned counsel for respondent no.4 undertakes that he will comply the order dated 16.3.2021.
The case is listed today but in spite of orders dated 16.3.2021 and 5.5.2021 the petitioner no.1 was not produced by respondent no.4.
In the aforesaid circumstances, learned A.G.A. is directed to ensure the presence of petitioner no.1 through respondent no.2 Senior Superintendent of Police, District Agra on the next date.
List on 15.7.2021 in the additional cause list before appropriate Bench."
In compliance of above order, the corpus Swati @ Gulnar Rayeen has been produced before this Court by Sub-Inspector Mr. Neeraj Kumar, P.No. 152014258, P.S. Tajganj, District Agra and Lady Constable Ms. Poonam Yadav, P.No. 4670, P.S.-Tajganj, District Agra.
Corpus has been examined by this Court. Court raised a pointed query to corpus as to whether her marriage has been solemnized with petitioner-2, corpus has replied in affirmative. In reply to second question as to whether corpus wants to go with petitioner-2 or with respondent-4, corpus categorically states that she wants to reside with petitioner-2.
The corpus is major as is evident from her high school mark sheet, which is on record as Annexure-1 to the writ petition. Marriage of corpus with petitioner-2 has also been registered under the provisions of Hindu Marriage Registration Act. Marriage registration certificate is on record at page 25 of paper book.
Since, the corpus is a major and she has shown her willingness to live with petitioner-2, she is free to join petitioner-2.
Hence, this habeas corpus petition is allowed. Corpus i.e. petitioner 2 is free to live with petitioner 2.
Attendance and identification of corpus shall be endorsed on order sheet of this petition, which shall be duly identified by her counsel and police officials named above.
Order Date :- 15.7.2021 Ashish Pd.
2 issues framed by the court
Whether a major married woman detained by her mother can be liberated to live with her husband if she expresses willingness.
Whether the writ petition under habeas corpus should be allowed in the circumstances where the corpus is a major and wishes to reside with the petitioner-2.
Swati @ Gulnar Rayeen
Manish Rathour
State Of U.P.
Respondent No. 2
Respondent No. 3
Respondent No. 4 (Mother)
Rajeev Misra
As recorded by the court registry
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