Court No. - 64

Case :- HABEAS CORPUS WRIT PETITION No. - 587 of 2020

Petitioner :- Madhuri Alias Umaira Khatton And Another

Respondent :- State Of U P And 4 Others

Counsel for Petitioner :- Shahroze Khan,Mohd Shamim Khan

Counsel for Respondent :- G.A.

Hon'ble Salil Kumar Rai,J.

Heard the counsel for the petitioner and the A.G.A for

respondent nos. 1 to 4.

In pursuance to the previous order dated 18.11.2020

passed by this Court, the detenu has been produced

before this Court by Rohit Prasad (Inspector) P.No.

032700060 P.S. Bakhira Khalilabad, District Sant Kabir

Nagar, Pratibha Singh (S.I), P.No.982220058, P.S

Kotwali, Khalilabad District Sant Kabir Nagar, Madhuri

Shah, (Lady Constable) P.No.192773153, P.S Bhakira,

Khalilabad District Sant Kabir Nagar and Bhupendra

Dubey (Constable), P.No.152770686

P.S

Bhakira,

Khalilabad District Sant Kabir Nagar.

The report dated 21.11.2020 of the Chief Judicial

Magistrate, Sant Kabir Nagar indicates that service of

notice on respondent nos. 5 & 6 is sufficient. No one

appeared on behalf of the aforesaid respondents. No

counter affidavit has been filed controverting the facts

stated in the petition.

The present petition for a writ of Habeas Corpus has been

filed on behalf of petitioner no. 1 Smt.Madhuri alias

Umaira Khatoon, the detenue/corpus. It has been stated

in the writ petition that the date of birth of petitioner no.1 is

7.7.2002 and therefore, she is major. In support of the

said contention, the High School certificate of the

detenue/corpus issued by the Board of High School and

Intermediate Education, U.P has been annexed as

Annexure-1 to the writ petition.

It has been further stated in the petition that the petitioner

no.1 after converting to Islam married petitioner no. 2 on

9.7.2020 and both were living as husband and wife

fulfilling their marital obligations. However, a First

Information Report registering case Crime No. 66 of 2020

under Sections 363, 366 I.P.C read with Section 3(2) (va)

SC/ST (Prevention of Atrocities) Act, 1989 was registered

against the petitioner no.2 alleging that the petitioner no.

2 had abducted the corpus/detenue i.e., petitioner no.1. In

the aforesaid case, the statement of petitioner no. 1 was

recorded under Section 164 Cr.P.C. and the petitioner no.

1 stated that she had voluntarily gone with petitioner no. 2

and had married him and was living as his wife. In her

statement, she also expressed her desire to go with her

husband i.e. petitioner no. 2. The concerned Court after

perusing the statement of the petitioner no. 1 and her high

school certificate held that the petitioner no. 1 was at

liberty to go wherever she desired as she was major.

It has been stated in the petition that despite the aforesaid

order, the petitioner no. 1/detenue was forcibly taken by

the police of District Sant Kabir Nagar and handed over in

the custody of her father. The petitioner no. 2 filed an

application in case Crime No.66 of 2020 praying that the

custody of petitioner no.1/detenue be given to the

petitioner no.2 but the said application was rejected by

the Additional District Judge, Sant Kabir Nagar on the

ground that the petitioner no.1/dentenue was major and

therefore, she cannot be given in the custody of anybody.

It has been stated in the petition that because of the

aforesaid order, the petitioner no. 1 remained in the

custody of petitioner no. 2 illegally and was being kept in

illegal confinement by her parents i.e. respondent nos. 5

& 6. Hence, the present petition for a writ of Habeas

Corpus.

In order to ascertain the stand of the detenu/Corpus, the

Court made certain queries from her. The queries made

by the Court and the answers given by the petitioner no.1

are reproduced below:

Q. Apka Kya naam hai?

A. Madhuri @ Umaira Khatoon.

Q. Appne apna dharam badla hai?

A. Jee Haan.

Q. Aaapne shadi kee hain?

A. Haan, Badre Alam se.

Q. Kya