Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 437 of

2020

Petitioner :- Mohd. Rizwan Khan

Respondent :- State Of U P And 3 Others

Counsel for Petitioner :- Hasan Abbas

Counsel for Respondent :- G.A.

Hon'ble J.J. Munir,J.

A supplementary affidavit dated 09.09.2020 has been filed in

the office but the same is not on record. Learned counsel for the

petitioner has submitted a photostat copy of the supplementary

affidavit, which is taken on record.

In compliance with the rule nisi issued by this Court on

08.09.2020, the detenue Smt. Mantasha Bano has been

produced before this Court by a lady constable Uma Yadav

(MIC No.5015), posted at Police Station Kalyanpur, Kanpur

Nagar, who has identified Smt. Mantasha Bano before this

Court. This Court accordingly proceeds to ascertain her stand,

which is recorded verbatim:

"Q.1. Aapka naam kya hai?

Ans. Mantasha Bano

Q.2. Aapke pitaji ka naam kya hai?

Ans. Mohammad Khan

Q.3. Aapki aayu kya hai?

Ans. 18 saal

Q.4. Kiske pas se aayi hain?

Ans. Mohammad Khan

Q.5. Shadi ki hai?

Ans. Ha

Q.6. Kisase ki hai?

Ans. Rizwan se

Q.7. Kaha tak padhi hain?

Ans. Inter tak

Q.8. Kisake sath rehna chahti hain?

Ans. Rizwan ke sath

Q. 9. Pita ke sath nahi jana chahti hain?

Ans. Nahi"

A perusal of the aforesaid stand of the detenue, makes it clear

that she had married Mohd. Rizwan Khan and wishes to stay

with him. The record shows that the parties have solemnized

marriage according to Muslim Rites on 27.06.2020. According

to High School certificate, which is on record, the date of birth

of Smt. Mantasha Bano is 02.03.2002 and on the date of her

marriage she was clearly 18 years old. She is entitled to marry a

person of her own will and stay with him.

Accordingly, this rule is made absolute. Smt. Mantasha Bano is

ordered to be set at liberty forthwith. She is free to go

anywhere she wants. Since, she has indicated her desire to go

with her husband, Mohd. Rizwan Khan, she is free to do so.

Mohd. Rizwan is reported to present outside the gates of the

Court. The police escort who have brought her here shall escort

her free to her husband, Mohd. Rizwan Khan and permit her to

go alongwith him.

The writ petition stands allowed in terms of the aforesaid

orders.

Order Date :- 17.9.2020

Atul