Court No. - 66 Case :- HABEAS CORPUS WRIT PETITION No. - 532 of 2020 Petitioner :- Nand Ram Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shamshuddin Khan Counsel for Respondent :- G.A.

Hon'ble J.J. Munir,J.

In compliance with the rule nisi issued by this Court on 21.10.2020 the detenu Meena Devi has been produced before this Court by lady Constable Niklesh Shakya (PNO 162070806) posted at P.S. Newriya District Pilibhit, who has identified the detenu before this Court. Accordingly, this Court proceeds to acertain the stand of the detenu which is recorded verbatim:

Q. Aapka Naam?

Ans.Meena Devi Q. Aapki Aayu Kitni Hai?

Ans. 19 years.

Q. Aapke Pitaji ka Kya Naam hai?

Ans. Nand Ram.

Q. Aap Kahan se aayi hain?

Ans. Nari Niketan Bareilly Se.

Q. Usase Pahle Aap Kahan Rahti Thi?

Ans. Apne Mama Ke Ghar.

Q. Aapke Mama Ka Kya Naam Hai?

Ans. Chandra Pal.

Q. Dharmendra @ Vishnu aur Rajendra Kaun Hain.

Ans. Mere Mama Ke Bete Hain.

Q. Aap Inhi Ke Ghar Rahti Thi?

Ans. Haan. (She noded her head in affirmation)

Q. Aap Apni Marzi Se Gayee Thi?

Ans. Ji Haan.

Q. Aap Nari Niketan Kaise Gayi?

Ans. Police Le Gayi Thi.

Q. Ye Aapka hi Certificate Hai(detenu was shown a xerox copy of her Highschool)?

Ans. Haan.

Q. Isme Aapki Date of Birth 10.07.2003 hai (showing her to be minor)?

Ans. Haan.

Q. Aap Kahan Jana Chahti Hai, Apne Pitaji Ke Pass Ya Nari Niketan?

Ans. Nari Niketan.

Q. Aap Apne Pitaji Ke Pass Kyon Nahi Jana Chahti?

Ans. Wo Meri Shadi Aur Kahi Kara Denge.

Q. Yadi Aapke Pitaji Ko Varjit Kr Diya Jaye Ki Wo Aapki Shadi Nahi Karenge aur Aap Jab 18 Varsh Ki Ho Jayengi Tab Wo Aapki Shadi Aapki Ichha Ke Viprit Nahi Karenge, Tab Kya Aap Pitaji Ke Ghar Jayengi?

Ans. Ji Haan.

Heard Sri S.U. Khan, learned counsel for the petitioners and Sri S.K. Pal, learned Government Advocate appearing on behalf of the State.

Looking to the statement of the detenu, it is apparent that she is a minor. She cannot be allowed to stay with respondent nos. 5 and 6 or their father, where she says she was staying prior to the time that she was sent to the Nari Niketan, in transit, for the purpose of production before this Court.

The detenu says that she wants to go and stay with her father and family subject to the condition that there is no force to marry against her will and wish. This Court is of opinion that the rule nisi issued in this case ought to be appropriately modified while restoring the detenu to her liberty. The rule nisi is made absolute in terms that the detenu Meena Devi is set at liberty and shall go back to her father's place and stay with him, subject to the condition that until she attains the age of majority, she will not be married to anyone under any circumstance. After she attains the age of majority, she will not be compelled to marry against her will and wish and shall, thereafter, be free to stay anywhere she likes or go anywhere that she wants and marry any person of her choice.

This petition stands allowed in terms of the aforesaid orders.

Order Date :- 4.11.2020 Deepak