- (1.) Heard Sri V.P. Gupta, learned counsel for the petitioners, learned A.G.A. for the State of U.P. and Sri Rajiv Sisodia, appearing on behalf of respondent No. 4 Vijai Pal Singh. This Habeas Corpus Writ Petition has been filed on behalf of Smt. Meenakshi @ Pinki by petitioner No. 2 Tek Chandra with the prayers: (1) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 21.7.2012 passed by respondent No. 2 (Annexure-3 to the writ petition). (2) Issue a writ, order or direction in the nature of habeas corpus directing the respondent No. 3 to produce the corpus before this Hon'ble Court and set him free on her own desire. (3) Issue any other writ, order or direction in favour of the petitioner, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (4) To award the cost of the present writ petition to the petitioner.
(2.) The facts of this case is that an F.I.R. has been lodged by Bal Kishan on 22.6.2012 at 8.05 p.m. in respect of the incident allegedly occurred on 22.6.2012 at about 6.30 p.m., it has been lodged against Sri Chandra, Jai Chandra sons of Atar Singh, Manoj brother in law of Sri Chandra, Narendra, Vijay Singh and driver of Qualis Vehicle under Section 264, I.P.C. alleging therein that his son Tek Chandra, petitioner No. 2 was forcibly taken away by the above mentioned accused persons, his son Tek Chandra was abducted because they were having suspicion of abduction of Km. Meenakshi. Tek Chandra was working at the house of Vijay Pal Singh, the father of the corpus for the last many years, he was residing at his house also, due to which he developed relationship with corpus Meenakshi, about 2 months prior to the lodging F.I.R., Meenakshi was taken away by him but she was taken back from Delhi and she was handed over to her family members. About one month prior to lodging the F.I.R., the corpus Meenakshi has been married with Narendra, the corpus Meenakshi left her sasural and had gone to some unknown place. The corpus was recovered by the police and all the accused persons sent to jail. The petitioner No. 2 was also challaned under Section 151, Cr. P.C. The corpus was sent to Nari Niketan Moradabad. Thereafter, the petitioner No. 2 and mother of petitioner No. 1 moved an application before the S.D.M., Hasanpur for releasing the petitioner in their favour, on those applications, both the parties and petitioner No. 1 were summoned by S.D.M., Hasanpur who recorded the statement of corpus on 21.7.2012 in which she stated that she was aged about 19 years, she was an educated girl, she had passed High School Examination, in the mark-sheet the date of birth 1997 was mentioned, she was having the physical relationship with Tek Chandra. Tek Chandra was belonging to Saini caste and she was belonging to Chauhan caste. She remained alongwith Tek Chandra in Delhi for about a month. Her family members have developed the pressure upon the family members of Tek Chandra then she and Tek Chandra came from Delhi. She did not want to go with her parents, she had performed the marriage with Tek Chandra in a temple of Delhi. The marriage certificate was also issued from the temple, the same has been torn by her family members. She wanted to go with Tek Chandra. She was having the pregnancy of three months. She further stated that her date of birth is of year 1995. The S.D.M., Hasanpur passed the order dated 21.7.2012 by which she was sent to Peevishly/Nari Niketan, Moradabad. According to the order dated 21.7.2012 the date of birth of the corpus was 10.12.1995 recorded in the mark-sheet issued by Lala Satya Prakash Saraswati Vidya Mandir, Hasanpur. There was apprehension of breach of peace, on account of the custody of the corpus and the corpus was about 17 years that is why she was sent to Nari Niketan.
(3.) It is contended by learned counsel for the petitioner that the corpus had performed the marriage with petitioner No. 2 Tek Chandra, she remained in his company at Delhi and she developed the physical relationship with him with her free will and consent and she wanted to go in the company of her husband Tek Chandra, she is major and she is pregnant. Her detention in Nari Niketan is illegal, she may be released forthwith from Nari Niketan and she may be given in the custody of petitioner No. 2 Tek Chandra who is her natural guardian being her husband.;