Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 4021 of 2018

Petitioner :- Sumaela

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

Counsel for Petitioner :- Shamsuddin Ahmad

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ajit Singh,J.

Sri Anil Kumar Shukla, Advocate who has put in appearance on

behalf of respondent no. 5, Aslam.

Heard Sri Shamsuddin Ahmad, learned counsel for the

petitioner, Sri Anil Kumar Shukla, learned counsel for the

respondent no. 5 and learned A.G.A. for the State.

In compliance of the order dated 18.12.2018 girl Sumaela has

been produced in custody before this Court. She has been

brought here from Bal Grih Balika, Pushpanjali Vihar, Janta

Raod, Saharanpur (Shelter Home) by S.I. Sachin Kumar

Sharma and lady constable Lata Devi. Petitioner no. 5 Aslam is

also present before this Court.

From the perusal of the statement of the girl recorded under

Sections 161 Cr.P.C. (Annexure-3) at page 25, it appears that

she had left her parental home on her own accord and

solemnized marriage with Shoaib. She in her statement

recorded under Section 164 Cr.P.C. (Annexure-3) at page 27 has

categorically stated that "Maine apni marzi se Shaher Qaazi

ki masjid me Shoaib se Nikah kar liya. Meri gharwalon ne

jhootha mukadma likhwaya hai. Baad me mere gharwale

bhi man gai".

We have also perused the Medical report of the girl produced by

Senior Radiologist, S.B.D. District Hospital, Saharanpur which

reads as under :

1. Elbow - Epiphysis fused completely.

2. Knee - Epiphysis of bone of knee joint fused.

3. Wrist - Epiphysis fused completely.

4. Illiac crest and ischial tuberosity - Epiphysis fused

completely.

Corpus Sumaela is present before this Court and even from the

looks she appears to be adult and with the consent of learned

counsel for the both side, the Court proceeds to examine her.

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

informs that her name is Sumaela. On being further asked that

what is her father's name, she informs that Mohd. Aslam.

On being further asked from the girl that "aap to Bal Grih

Balika, Pushpanjali Vihar me thi to apne maata-pita ke pass

kaise pahunchi. She replied that "main wahan se apni marzi

se apne maata-pita ke paas chali gyi thi".

The Child Welfare Committed vide its order dated 3.11.2018

has refused to give the girl in the custody of her parents, copy

whereof has been filed as Annexure-5 to the writ petition.

Upon being questioned by the Court "ab tum kahan jana

chaheti ho". She replied "main apne maate-pita ke paas jana

chahati hoon".

Upon being questioned again by the Court "ab tum kahan jana

chahati ho" She replied "main apni marzi se apne maata-pita

ke pass jana chahati hoon."

It has been informed that respondent no. 5, Aslam, father of the

girl is also present before the Court who has been identified by

the girl as her father who in turn has identified the girl as his

daughter.

Learned counsel for the petitioner submitted that the sister-in-

law of the girl is also present before this Court and she wants to

talk to the girl.

Upon being asked by the Court to the girl "kya tum unse baat

karna chahti ho". She replied "nahi unhon ne meri shaadi

zabardasti kara di thi."

In view of the statement made before this Court, no other

adjudication is required.

Thus, looking to the age of the girl and looking to the

statements of the girl recorded under Sections 161 & 164 CrPC

and the statement of the girl made before this Court, a case for

grant of indulgence has been made out.

The corpus Sumaela who is present before this Court, produced

in custody from Bal Grih Balika, Pushpanjali Vihar, Janta Raod,

Saharanpur (Shelter Home) is hereby released from custody

forthwith. Accordingly, the girl being adult is free to go

wherever and with whom she wants to go.

Since the corpus Sumaela wants to go with her parents, she is

free to go with them and no hindrance will be placed in her

mo