Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3978 of 2018

Petitioner :- Charan Singh And Another

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Sudarshan Singh

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ajit Singh,J.

Affidavit of compliance filed in the Court today is taken on

record.

Heard learned counsel for the petitioners and learned A.G.A. for

the State.

In compliance of the orders of this Court dated 10.12.2018 and

17.12.2018 the Court has been informed that corpus Raj

Kumari has been produced before this Court in the custody of

S.I. Sri Vinay Kumar and lady constable Dhan Devi from Nari

Niketan, Bareilly, she has been identified by her counsel.

Today when the case has been taken up, the respondent no. 5,

Gendan Lal, father of the corpus has appeared in person and he

has been heard.

In view of the aforesaid facts and circumstances, the Court

proceeds to examine the corpus only for the purpose of

knowing her desire as to where she wants to go.

On being asked from the girl as to what is her name, she

informs that her name is Raj Kumari and her father's name is

Gendan Lal.

The girl Raj Kumari has identified her father. The father has

also identified her daughter.

When a query made from the Raj Kumari by this Court "aap ki

umr kya hai" she said "Unnis saal".

At this stage there is no medical certificate on record issued by

the Chief Medical Officer, whereas medical certificate issued

by Orthopaedic Surgeon, M.P.D.H., Bareilly is on record as

Annexure-2 to the writ petition, which shows that the age of the

corpus is eighteen years. Thus, apparently she is an adult.

She further informs that she has performed marriage with

Charan Singh on her own sweet will without any fear, threat or

coercion and she wants to go with her husband.

The boy Charan Singh who is also present before this Court has

been identified by the girl as her husband who in turn has

identified the girl as his wife. Both have been identified by their

counsel on the basis of documents produced in his chamber.

On being asked from the girl as to where she wants to go from

this Court, she has informed the Court that she would like to go

with her husband from this Court.

Upon being questioned by the Court from the girl "Jo baat

aapne apne 164 ke bayan me apne pita ke khilaf kaha hai kya

ye sahi hai;" She said "Kuch sahi hai aur kuch galat hai."

She informed the Court that "Mere pitaji mujhe bahla-phusla

ke le gai aur mera garbpat kara diya."

Upon being questioned by the Court from the girl "Tum apne

pita ke saath jana chahiti ho ki apne pati ke saath." She said

"Main apne pita ke saath nahi jana chahiti hoon kyo ki

mujhe apni jaan ka khatra hai aur wo phir wahi karenge jo

unho ne pahle kiya hai, isliye main ab apne pati ke saath jana

chahiti hoon.

Thus, looking to the statement of the girl made before this

Court and the fact that she is 18 years of age as per the

certificate issued by Orthopaedic Surgeon, M.P.D.H., Bareilly

and also keeping in view the law laid down by another Division

Bench of this Court (Lucknow Bench) passed in Writ Petition

No. 3519 (M/B) Shaheen Parveen and another vs. State of

U.P. and others decided on 23.7.2015, the corpus being adult is

free to go wherever and with whom she wants to go. She is

being set at liberty forthwith from custody.

Since the corpus Raj Kumari has expressed her desire to go

with her husband Charan Singh, she is free to go with him and

no hindrance will be placed in her movement by any

respondents.

The habeas corpus writ petition is accordingly allowed.

Order Date :- 3.1.2019

Faridul