- (1.) R. C. Deepak, J. On the joint request made by the learned Counsel for the parties I am taking this habeas corpus petition in my chambers.
(2.) THE present habeas corpus petition has been filed by petitioner No. 2 Putti Singh on behalf of petitioner No. 1 Sushma Singh stating therein that Sushma Singh is the legally wedded wife of Chhotey Lal alias Dinesh Singh and she is illegally being detained by opposite party No. 2 Karam Veer Singh the father of Sushma Singh. Notice was issued to opposite party No. 2 and in pursuance of the order dated 28-8-2000 Karam Veer Singh and his wife along with petitioner No. 1 Sushma Singh are present before me. The statement of Smt. Sushma Singh has been recorded, the same is on record. She has stated that she is major and is the wife of Chhotey Lal. She also delivered a female child on 14-8-2002. She was not willing to go with her father but he detained her against her wishes. She had stated before the Court that she is wiling to live with her husband Chhotey Lal. Since Chhotey Lal is in jail now a days she offers to go with her Jeth Putti Singh petitioner No. 2. I have heard Mr. Yogesh Agrawal, learned Counsel for the petitioners and Mr. G. C. Singh, learned Counsel for the opposite party No. 2, Mr. Agrawal submits that since Sushma Singh is major as the doctor determined her age 19 years, no other medical examination was conducted on her to differentiate the age determined by the doctor. She is the legally wedded wife of Chhotey Lal and a female child was procured on 14-8-2002 out of the wedlock of Chhotey Lal and Sushma Singh. This fact is not in dispute. Since the liberty of a citizen is involved, therefore, she be set at liberty to accompany her husband Chhotey Lal and in her absence Putti Singh the elder brother of Chhotey Lal.
(3.) CONTRARY to this learned Counsel for the opposite party No. 2 contended that Sushma Singh was minor at the time of marriage and Chhotey Lal is detained in jail in the abduction case of Sushma Singh. Learned Magistrate concerned had already set Sushma Singh at liberty to go with Putti Singh aforesaid but the order passed by the Magistrate was set-aside by the Sessions Judge in Revision and custody of Sushma Singh was given to her father, therefore, there is no illegal detention of Sushma Singh by her father Karam Veer Singh. Replying the contention made on behalf of the learned Counsel for the opposite party No. 2 Mr. Agrawal submitted that Sushma Singh is a living human body, not a goods which can be handed over to any one. She is a married lady and mother of a child and major one, therefore, the Article 21 of the Constitution of India, provides adequate safe-guard to the liberty of a life for peaceful and meaningful living, therefore, Sushma Singh be permitted to go with her Jeth Putti Singh. Considering the arguments of the learned Counsel for the parties and after perusal of the statement of Sushma Singh the opposite party No. 2 Karam Veer Singh, his wife and other family members are hereby directed that they shall not coerce in any manner whatsoever in the peaceful living of a marital life of Sushma Singh with Chhotey Lal.;