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