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ALLAHABAD HIGH COURT
SMT. SONIYA – Appellant
Versus
State of U.P. AND 4 OTHERS – Respondent
HABC 565 2020



Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 565 of

2020

Petitioner :- Smt. Soniya

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Mohit Kumar Singh,Sujata

Choudhary

Counsel for Respondent :- G.A.

Hon'ble J.J. Munir,J.

In compliance with the rule nisi issued by this Court on

09.11.2020, the detenue, Smt. Soniya, has been produced before

this Court by Sub-Inspector Surendra Singh (PNO No.

832490404) and Lady Constable 849 Ranjana Chaudhary (PNO

No. 162023086), posted at Police Station - Bahadurgarh,

District - Hapur, who have identified the detenue before the

Court. This Court, accordingly, proceeds to ascertain her stand

in the matter, which is recorded verbatim :-

Q. Aapka naam?

A. Soniya Verma.

Q. Aapke pitaji ka naam?

A. Devisharan Verma.

Q. Aapki aayu?

A. 29 saal.

Q. Aap iss waqt kahan se aayi hain?

A. Hapur se.

Q. Hapur mein kiske paas se?

A. Apne papa ke paas se.

Q. Ye Rohit Varma kaun hai?

A. Husband hain.

Q. Kya aapne apni marzi se shaadi ki hai?

A. Haa.

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

A. Haa. Unhone kaha ki tum chaho toh apne husband ke paas

chali jao.

Q. Aap kahan jana chahti hain?

A. Apne husband ke paas.

Heard Sri P.K. Tyagi, Advocate holding brief of Ms. Sujata

Choudhary and Sri Sanjay Sharma, learned A.G.A. appearing

on behalf of the State.

Looking to the detenue's stand, it is apparent that she has

married Rohit Verma of her free will and wants to stay with

him. The father also, now, has not much objection to the

detenue's going back to her husband.

The rule nisi is, accordingly, made absolute, in the terms that

Smt. Soniya Verma is directed to be set at liberty, forthwith. She

is free to go anywhere she likes and with whomsoever she

wants. Since she has indicated her desire to stay with her

husband, she is free to do so. She will be conveyed in security

from Prayagraj back to her husband, but free.

In the result, the writ petition succeeds and stands allowed.

Order Date :- 11.11.2020

I. Batabyal

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