Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3889 of 2018

Petitioner :- Smt. Rubi Yadav

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Ashish Mishra,Dhir Man Misra

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Narendra Kumar Johari,J.

Heard Sri Dhir Man Mishra, learned counsel for the petitioners, Sri

Pratyan Singh, learned counsel for the respondent no.4 and Sri Rajesh

Mishra, learned AGA appearing for the State.

This writ petition has been filed with the prayer for direction to the

respondent no.3 for production of corpus before this Court and release the

corpus to her husband according to her sweet and free will. Further prayed

for direction to the respondents fro not harassing the corpus at the Nari

Niketan, Mathura.

In compliance of the earlier order of this Court dated 19.11.2018, the

corpus namely Rubi Yadav, has been produced before this Court from Nari

Niketan, Mathura, in custody of Sub-inspector Bhaiya Lal Yadav

(P.No.980880311), Nidhi Pawar(Lady Constable P.No.162512452).

The contention of the counsel for the petitioners in the present habeous

corpus writ petition is to the effect that the corpus Rubi Yadav is an adult

and she has solemnized marriage with Satish Yadav, own her free will

without any fear, threat or coercion.

The record shows that as per the certificate issued by the Chief Medical

Officer, Etah, the age of the girl is 18-19 years. She is also carrying

pregnancy of 29 weeks, which is evident from the Ultrasound report dated

16.10.2018, copy of which is annexed at page no.24 of the affidavit filed

in support of the writ petition. It is also contended that both the corpus and

her husband are adult and they have solemnized their marriage which was

registered, copy of which is annexed at page no.7 of the affidavit filed in

support of the writ petition.

The Court has been informed that the corpus Rubi Yadav is present before

the Court, thus with the consent of learned counsel for the petitioners as

well as learned AGA, the Court proceed to examine the corpus namely

Ruby Yadav, who is present before the Court.

On being asked 'ki app ka naam kaya hai', she informed the Court 'ki mera

naam Ruby Yadav'. On being asked 'ki app ke pita ji ka kaya naam hai',

she informed the Court ki 'mere pita ji ka naam Ram Naresh hai', who is

duly represented before this Court by his counsel and is also present

before the Court. On being asked 'ki app ne shadi apani marji se kari hai

aur kiske sath' she said yes 'shadi maine apani marji se kari hai, Satish

Yadav ke sath, bina kisi dar ya dabaw ke', who is also present before the

Court.

The petitioner no.1 Rubi Yadav and her husband namely Satish Yadav

have identified each other, and both the petitioners have also been

identified by their counsel Sri Dhir Man Mishra, on the basis of the

documents produced before him in his chamber.

Thus, keeping in view the facts and circumstances of the case i.e. age of

the girl which is admittedly more than 18 years as per the medical

certificate, the statement made by the girl before this Court, she is carrying

pregnancy of 29 weeks, this Court does not deemed it fit to send the girl at

Nari Niketan, Mathura, a case of grant of indulgence has been made out.

There is no purpose will be served in keeping the matter pending before

this Court.

The corpus Rubi Yadav, is present before the Court, who is an adult, she is

free to go wherever she wants to go and no hindrance in her free

movement will be placed by any of the respondents. She is accordingly

released from the custody forthwith. In the present case she expressed her

desire that she wants to go with her husband Satish Yadav, who is also

present before the Court.

The respondent no.4 and his family members are hereby restrained from

interfering in any manner whatsoever, with the life of petitioner.

The Habeous corpus writ petition is accordingly stands, allowed.

However, liberty is give