- (1.) This petition has been filed by the petitioner Smt. Shashi claiming herself to be the wife of one Dheeraj Singh alias Murli through her alleged mother in law. The prayer sought in the petition is that the Court are direct the petitioner to be produced and then to set her free from Nari Niketan where she presently has been detained vide order dated 12.4.2013 passed by Addl. Civil Judge (SD), Mainpuri. We have heard learned Counsel for the petitioner as well as learned AGA and have perused the impugned order and all other relevant record made available before us in the writ petition.
(2.) It transpires from the perusal of the impugned order that the father of the girl Shiv Vijay Singh had moved an application before the Lower Court concerned informing the Court that his daughter Shashi had been kidnapped by certain persons against whom an FIR was lodged under relevant sections, it also appears that after due investigation, charge sheet has, already been submitted against the accused persons found guilty for this offence of kidnapping. The father of the girl had also submitted before the Court the high school certificate of the girl Shashi, according to which her date of birth is 25.9.1996. It also appears that one Vimla Devi also moved an application before the Court concerned claiming herself to be the mother of Dheeraj Kumar and also alleging that her son and girl Shashi are major and have contracted marriage. She also informed the Court that the girl is pregnant. This Vimla had also sought the release of the girl so that she may go alongwith her husband and alleged in laws.
(3.) The Lower Court concerned after hearing both the parties has passed a detail reasoned order. It has taken note of the fact that in the statement given before the Court itself the girl Shashi has stated her date of birth to be 25.9.1996. It is just the same as is contained in her high school certificate. On the basis of her statement given before the Court and also the date of birth as contained in High School Certificate the Lower Court inferred and we think rightly show, that the girl is still a minor and falls short behind attaining the age of majority. The Lower Court has also taken a note of the fact that Dheeraj Kumar the alleged husband of Shashi is the prime accused of the criminal case pending against him for the alleged offences of abduction and rape etc. committed against the girl Shashi. It is very apparent on the face of record that on the date of passing of the impugned order the girl Shashi was pregnant by eight months. It has been stated by Dheeraj in his application dated 12.4.2013 which is Annexure-3 to the writ petition. On that date she was not even 17 years of age. In fact as per her statement under section 164, Cr. P.C. the accused Dheeraj had already subjected girl Shashi to physical coitus from three years before from the date of her statement under section 164, Cr. P.C. If this is so then the physical intercourse must have been taking place when she was only 14 years of age. We have no doubt in our mind that such physical carnal relationship with the minor girl at that tender age cannot be vindicated in any manner whatsoever. The Lower Court has given due consideration to these facts. It has also' taken into account the statement given by Shashi's father that in case the girl is released to go alongwith him, he shall immediately get the pregnancy aborted and marry her with someone else. The Court concerned weighed and analyzed the consequences likely follow in the given mental status and psychology of the father.;