In a habeas corpus petition regarding the marriage of a minor girl, the Court dismissed the application. The Court held that the corpus was a minor girl who denied the marriage, making her detention illegal only if she were major, which she was not.
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.
Court No. - 34
Case :- HABEAS CORPUS WRIT PETITION No. - 50 of 2022
Petitioner :- Smt. Sneha Praveen And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shah Newaj Alam,Ziya Uddin Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
The present Habeas Corpus Petition under Article 226 of the Constitution of India has been filed that the petitioners have solemnized their Nikah according to Muslim Rites on 23.7.2021. After sometime, the father of the corpus-petitioner no. 1 Sneha Parveen, wanted vidai of the corpus and regarding which he had given an affidavit for taking care of the corpus and took away the petitioner no. 1 with him in the presence of witnesses but even after several requests of the petitioner no.2, vidai of the corpus has not been done and the father of the corpus wants to marry the petitioner no. 1 to some other person. Thus, the fundamental right of the petitioner no.1 is being violated, hence, the prayer is made to direct the respondent no. 4, the father of the petitioner Sneha Parveen to produce the corpus before the court.
On the other hand, an objection under signatures of Sneha Parveen and her father has been filed mentioning therein that Km. Sneha parveen is 17 years old and minor and she has not performed any Nikah with the petitioner no. 2. All the facts mentioned in the writ petition have been denied by Sneha Parveen.
It is claimed by the learned A.G.A. that instruction has been received by him. It is disclosed that the girl is minor having her date of birth as 24.1.2004 and in support of his contention the marksheet of Class IV of the petitioner no. 1 has been received wherein the date of birth of the corpus has been mentioned as 24.1.2004. It is claimed that the girl is minor and she is denying from any Nikah as well as the contentions asserted in the writ petition, hence, the writ petition is liable to be dismissed.
After hearing the learned counsel for the parties and perusing the record, it is clear that the petitioner no. 2 claims to be the husband of the petitioner no. 1 on the basis of Nikahnama filed by him but as per instructions and as per objection filed on behalf of the petitioner no. 1- the corpus is a minor girl aged about 17 years. No such document has been filed by the
petitioners in support of their contentions that the girl is major. Thus, the girl being minor and denying the fact of Nikah under her signatures, I find no force in the contention of the petitioner no. 2 and as the petitioner no. 1 herself is denying the factum of Nikah and a minor girl in custody of her father cannot be said to be under illegal detention.
In my opinion, the writ petition has no merit and is liable to be dismissed.
It is hereby dismissed.
Order Date :- 3.2.2022 Gss
2 issues framed by the court
Whether a minor girl in custody of her father can be said to be under illegal detention for attempting to marry another person.
Whether a Nikah performed by a minor girl is valid without her consent.
Smt. Sneha Praveen And Another
State Of U.P. And 3 Others
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
