Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 399 of 2020

Petitioner :- Reena and Another

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Dipak Srivastava

Counsel for Respondent :- G.A.,A.R.Gupta

Hon'ble J.J. Munir,J.

Supplementary affidavit has been filed by Sri Dipak Srivastava,

learned counsel for the petitioner, which is taken on record.

Sri A.R. Gupta, learned counsel, has put in appearance on behalf of

respondent no. 4, which is taken on record. He has also filed counter

affidavit, which is also taken on record.

In compliance with the Rule Nisi issued by this Court, Smt. Reena,

the detenue-petitioner, has been produced before this Court by Lady

Constable Pratibha Singh (C.P. No. 41439) posted at Police Station -

Maudaha, District - Hamirpur. She has identified Smt. Reena.

Heard Sri Dipak Srivastava, learned counsel for the petitioners and

Sri A.K. Gupta, learned counsel for respondent no. 4.

The case of petitioner no. 2 is that he married the first petitioner

Smt. Reena according to Hindu rites, on 03.03.2020, at the Arya Samaj

Mandir, Tis Hazari Court, Delhi. The date of birth of Smt. Reena is

claimed to be 02.02.1998.

Learned counsel for the petitioner, in support of the first petitioner's

date of birth, has invited attention of this Court towards her High School

Certificate issued by U.P. Board of High School and Intermediate

Education dated 17.05.2015, wherein her date of birth has been shown to

be 02.02.1998. It is apparent that going by her recorded date of birth in

the High School Certificate, she is a major.

Smt. Reena is present in the Court and has been examined to

ascertain the truth of the second petitioner's case. Her stand is being

recorded verbatim:-

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Q. Aapka naam kya hai?

A. Reena.

Q. Aapki aayu kitni hai?

A. 21 saal.

Q. Aapke pitaji ka kya naam hai?

A. Indra Pal.

Q. Kya aapne shaadi ki hai?

A. Haan ki hai.

Q. Kissey?

A. Krishn Kumar se.

Q. Krishn Kumar ke pitaji ka kya naam hai?

A. Maiya Deen.

Q. Aap kahan rehna chahti hain?

A. Krishn Kumar ke saath.

Q. Kya aap apne mata-pita ke saath rehna chahti hain?

A. Nahi. (Saying so, she nodded her head in refusal).

Looking to the aforesaid stand of Smt. Reena, the first petitioner, it

is apparent that she has married the second petitioner of her free will.

Both the petitioners are of legal age to marry by their choice. The first

petitioner wants to stay with the second petitioner and not with her

parents or family members.

The Court is constrained to note that the action of the police in

whisking away the first petitioner from the second petitioner's home or

their matrimonial home is a serious infraction of their duty. The

Superintendent of Police, Hamirpur shall bear caution in future that no

police officer subordinate to him, shall interfere in the privacy of an adult

couple, who are staying together by mutual and free consent. He will

strictly abide by the directions of the Supreme Court in Shakti Vahini

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v. Union of India and others, (2018) 7 SCC 192.

In such circumstances, the Rule Nisi issued by this Court on

24.08.2020 is hereby made absolute. The first petitioner Smt. Reena

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

anywhere she likes and with whomsoever she wants. She has indicated

her desire to accompany her husband, petitioner no. 2 Krishn Kumar, who

is said to be waiting outside the court premises. She is free to accompany

him without any let or hindrance from anyone.

The writ petition stands allowed in terms of the aforesaid order.

Let this order be communicated to the Superintendent of Police,

Hamirpur for strict compliance and guidance.

Order Date :- 26.8.2020

I. Batabyal