Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 489

of 2020

Petitioner :- Swati Yadav And Another

Respondent :- State Of U.P. And 11 Others

Counsel for Petitioner :- Himkanya

Srivastava,Rashtrapati Khare

Counsel for Respondent :- G.A.

Hon'ble J.J. Munir,J.

In compliance with the rule nisi issued by this Court, the

detenue, Swati Yadav, has been produced before this Court

by Lady Constable Priya Thakur (LIC 1504), posted at

Police Station - Bisauli, District - Badaun, who has

identified the detenue before this Court. This Court,

accordingly, proceeds to ascertain her stand in the matter,

which is recorded verbatim :-

Q. Aapka naam?

A. Swati Yadav.

Q. Aapke pitaji ka naam?

A. Subhash Chandra.

Q. Aapki aayu?

A. 22 saal.

Q. Aap kahan se aayi hain?

A. Papa ke paas se.

Q. Ye Mradula Chauhan kaun hain?

A. Madam hai, padhati-likhati hain.

Q. Kya aap apne pitaji ke paas apni marzi se hain?

A. Pitaji shaadi ka dabav banaya rahe hain. Main shaadi

nahi karna chahti hu. Padhai karna chahti hu.

Q. Aap kahan jana chahti hain?

A. Madam ke paas.

Q. Kya aap apne pitaji ke paas jana chahti hain?

A. Agar pitaji saath rehna chahein to reh sakte hain.

Heard Sri Rashtrapati Khare, learned counsel for the

petitioners.

Notice upon respondent no. 4, Subhash, respondent no. 6,

Ratnesh, respondent no. 7, Ankit, respondent no. 8, Amit,

respondent no. 11 Dhanpal Singh and respondent no. 12,

Parvati, have been personally served, according to the

report of the Chief Judicial Magistrate, Budaun. Notice,

however, could not be served upon respondent no. 5, Smt.

Sarvesh as well as respondent nos. 9 and 10, Bhanu Priya

and Jasvir Yadav. No one has put in appearance on behalf

of the respondents, including the detenue's father.

This Court has considered the detenue's stand, which

substantially discloses a case of restriction and forcible

marriage, even if it not be strict confinement. From the

totality of the statement, it appears that the respondent

does not wish to stay with her family, who are forcing her

to marry according to their choice. She wants to stay with

the second petitioner and undertake further studies, that

would open up career options for her.

In this view of the matter, the rule nisi is made absolute.

The detenue is ordered to be set at liberty. She is a major

and is free to go wherever she likes and with whomsoever

she wants to stay. Respondent nos. 4 to 12 will not

interfere with Swati Yadav's liberty in any manner or force

her to marry against her will and wish. Respondent no. 10,

Jasvir Yadav, is particularly restrained from interfering in

Swati Yadav's liberty in any manner and permit her to stay

wherever she wants.

The writ petition, accordingly, stands allowed.

Let a copy of this order be forwarded to the

Superintendent of Police, Budaun and to the Commandant,

P.A.C., Bareilly for service upon Jasvir Yadav, said to be

posted at the P.A.C. Unit, Bareilly, by the Joint Registrar

(Compliance), within 24 hours.

Order Date :- 7.10.2020

I. Batabyal