V.D. Bhargava, J. - (1.) THIS is a petition for a writ of Habeas Corpus under Article 226 of the Constitution read with Section 491 Code of Criminal Procedure filed by one Mahesh Prasad, who alleges himself to be the husband of Smt. Kaniz Fatima alias Sheila. She is the daughter of Sri Ikram Husain, Advocate, resident of Muhalla Chak, Allahabad.
(2.) ACCORDING to the Petitioner, the Petitioner developed intimacy with Smt. Kaniz Fatima, who was a major, some time in October 1959 and thereafter, they continued to meet each other and got themselves married. Kaniz Fatima was a Muslim, while the Petitioner was a Hindu and there were many hurdles in their way and marriage with the consent of their respective parents was impossible. Since Kaniz Fatima was genuinely loving the Petitioner, they married themselves secretly . Smt. Kaniz Fatima embraced Hinduism prior to her marriage and subsequently, she was married, to the Petitioner according to the Vedic rites on 26 -12 -1959. This marriage was without the knowledge of the parents of both the parties. The Petitioner used to visit her and she used to visit him though clandestinely. Smt. Kaniz Fatima became pregnant in early June 1960 and as it would be known to everybody, she decided to leave her father's home and came to live with the Petitioner in Gujrati Muhalla, Allahabad, some time in the middle of June 1960.
(3.) SRI Ikram Husain, the father of the girl, appears to have lodged a report against the Petitioner under Sections 363, 566, 368 and 376, IPC at the police station Kotwali, Allahabad. Smt Kaniz Fatima, his wife according to the Petitioner, was taken away from him on 23 -6 -60 forcibly, in spite of the pleadings and protests of the Petitioner as well as his wife. The girl was sent for medical examination to the Dufferin Hospital and she was declared to be about 19 years of age. According to the Petitioner, she was 23 years of age and according to the Municipal Board records, she was 21 years of age. The Petitioner was arrested and put in jail. Later on, on 15 -7 -60 he was released on bail and then he enquired about his wife. He came to know from the station officer, Kotwali that she had been delivered to Sri Ikram Husain, Respondent No 2. The Petitioner has, therefore, made this application against the station officer, Kotwali, Allahabad and Sri Ikram Husain, that since his wife Smt. Kaniz Fatima is major and she is being unlawfully detained, she be produced in Court and be released.;