Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3897 of 2018

Petitioner :- Saniya And Another

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

Counsel for Petitioner :- Mahesh Kumar

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ghandikota Sri Devi,J.

In compliance of the order of this Court dated 20.11.2018, a report of the Team

of Doctors which was constituted in pursuance of the earlier order of this Court

has been produced. The same has been perused by this Court. As per the

certificate issued by the team of Doctors, the age of the girl is 20 years. Thus,

apparently she is an adult and the contention of the counsel for the petitioner

finds force that the girl has been illegally detained from Nari Niketan, Kanpur

Nagar. It has also been informed that the corpus Saniya has solemnized marriage

with Shaiki Sahu (petitioner no.2) of her own sweet will without any fear, threat

or coercion and they were living happily as husband and wife. However, she has

been illegally detained in Nari Niketan, Kanpur, Nagar after recovery. Under

these circumstances, the order of 20.11.2018 was passed by this Court. In

compliance of the said order, the corpus Saniya has been produced before this

Court from Nari Niketan, Kanpur Nagar in custody of Smt. Seema Sharma, 104

Woman Constable P.N.O. 172390023 and Smt. Neha 4450, P.N.O. 162010422,

Police Line, Kanpur Nagar and the Court proceeds to examine the corpus Smt.

Saniya with regard to her desire as to where she wants to go from this Court:-

On being asked "aapka nam kya hai" she informs that " mera nam Sania hai aur

maine shadi kisi ke dabav ne aakar nahi ki hai, apani marji se ki hai" and she

informs the Court "ki mai balig hu" and even as per the medical certificate she is

20 years of age.

Thus, keeping in view the statement made by the girl before this Court and her

age, as has been certified by the team of Doctors which was constituted in

compliance of the order passed by this Court, a case for grant of indulgence has

been made out. The corpus who is an adult, aged 20 years is free to go from this

Court premises itself wherever and with whomsoever she wants to go. She is

being released from custody forthwith.

The habeas corpus writ petition is, accordingly, allowed.

Order Date :- 13.12.2018

Ravi Kant