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2019 Supreme(All) 1475
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Vipin Sinha, Ajit Singh, JJ.
Varsha - Petitioner
Vs.
State Of U.P. And Others - Respondent
Habeas Corpus Writ Petition No. -3947 of 2018
Decided On : 03-01-2019
For the Petitioner: Ajay Kumar Vashistha
For the Respondent: G.A.,Vijendra Pal Singh
The court considered the girl's statement, age, and marriage registration to determine the grant of indulgence and order the release of the corpus from custody.
Headnote:
Habeas Corpus - Marriage - Uttar Pradesh Marriage Registration Rules, 2017 - Section 164 Cr.P.C. - [19.12.2018, 15293 of 2018] - The court examined the age of the girl, her statement under Section 164 Cr.P.C., and the certificate of registration of marriage under the Uttar Pradesh Marriage Registration Rules, 2017. The court referred to the principles laid down in a previous Division Bench judgment and found no case for grant of indulgence, ultimately allowing the Habeas Corpus and ordering the release of the corpus from custody.
Fact of the Case:
The girl, aged 19, eloped one day before her lagan ceremony. She stated under Section 164 Cr.P.C. that she married of her own will without fear, threat, or coercion. The court examined her age, marriage registration, and previous judgments.
Finding of the Court:
The court found no case for grant of indulgence based on the girl's statement, age, and marriage registration. It allowed the Habeas Corpus and ordered the release of the corpus from custody.
Issues: Age verification, validity of marriage registration, grant of indulgence, release of the corpus from custody.
Ratio Decidendi: The court relied on the girl's statement under Section 164 Cr.P.C., the certificate of registration of marriage, and previous judgments to determine the grant of indulgence and order the release of the corpus from custody.
Final Decision: The Habeas Corpus was allowed, and the corpus was ordered to be released from custody forthwith.
JUDGMENT :
1. Heard Sri Ajay Kumar Vashistha, learned counsel for the petitioner, Sri Vijendra Pal Singh, who has put in appearance on behalf of the respondent no.6, the father of the girl/first informant and Sri Rajesh Mishra, learned AGA appearing for the State.
2. Today when the case is taken up learned AGA has produce a copy of medical certificate of the girl issued by the Chief Medicinal Officer, Kanpur Nagar, which was done in compliance of the earlier order passed by this Court, which shows that the age of the girl is 19 years. It is an admitted position that the marriage of the girl was fixed and lagan ceremony was to take place on 23.04.2018, however the girl has eloped one day prior to her lagan ceremony i.e. on 22.04.2018. Reliance has also been placed on the statement of the girl under Section 164 Cr.P.C., copy of which is annexed on page no.42 of the writ petition, wherein she states that ^^fd geus dksVZ esa 'kknh dj yh Fkh fQj ogkaW ls ge cMdy] gfjk;k.kk esa jg jgs Fks rc ls ge ogha jg jgsa gSaA esjss vkSj dqynhi ds chp ifr&iRuh tSls lEcU/k gSaA eSa mldh iRuh gwaW vkSj oks esjk ifr gS eS xHkZorh gks x;h gwaW vkSj eS dqynhi ds lkFk gh jguk pkgrh gWwa] ;gh esjk c;ku gSA** On being asked in the ^^fd D;k rqEgsa dkbsZ cgyk&Qqlyk dj ys x;k Fkk] she said ^^ugh eS viuh ethZ ls x;h FkhA**
3. We have also perused the earlier order dated 19.12.2018, the said order is being extracted herein below:-
“This habeas corpus writ petition has been filed on behalf of corpus Varsha through her husband Kuldeep Kumar.
When the matter was taken up before this Court on 4.12.2018, following order was passed:
"The present habeas corpus writ petition has been filed on behalf of corpus Smt. Varsha petitioner no. 1 through her husband Kuldeep petitioner no. 2. Smt. Varsha is an adult, aged about 19 years as per F.I.R. lodge. Her marriage fixed for the next day before she elapse. she has solmenized marriage with petitioner no. 2 out of her own sweet will without any fear, threat or coercion. Much reliance has been placed upon the statement of the corpus recorded under section 164 Cr.P.C., contents of which are self explicit. The copy of the said statement has been annexed at page no. 42 of the writ petition. The girl is having pregnancy and the marriage is registered as per statement made in page No.32.
In view of the aforesaid facts and circumstances, no case for grant of indulgence is made out.
Learned AGA has accepted notices on behalf of respondent nos. 1,2, 3 & 4.
Issue notice to respondent no. 6, which shall be served through CMM, concerned. The notice will clearly reflect the next date fixed in the matter is 19.12.2018 on which date respondent no. 6 shall be personally present before this Court. The notice shall also specify that on the said date, the matter shall be heard and decided finally.
The CMM concerned after effecting service upon respondent no. 6 shall submit a report before this Court through the office of Registrar General of this Court.
In view of the averments as made in the habeas corpus petition, the learned AGA is directed to ensure the presence of corpus Smt.Varsha before this Court on the next date of listing i.e. 19.12.2018.
List on 19.12.2018, on which date corpus Smt. Varsha shall be produced before this Court."
In pursuance of the said order, corpus Varsha has been produced before this Court in custody of S.I. Girish Kumar Pachauri and Lady constable Rekha Yadav, police station Soron District Kasganj.
Sri Vijendra Pal Singh Advocate has put in appearance on behalf of respondent no.6 and prays for a short time for filing counter affidavit.
However, since the Court has been informed that corpus Varsha is present before this Court, the Court proceeds to examine her for the time being.
On being asked from the girl as to what is her name, she informs that her name is Varsha and her father's name is Sri Anar Singh. On being asked as to what is her age, she informs the Court that her age is 19 years. She further informs that she h
