- (1.) 1. Through this writ petition which has been preferred by the petitioner- Phoolan Devi through her husband Ram Deen, it is prayed that this Court issue a writ, direction or order in the nature of habeas corpus to the opposite parties to forthwith set her at liberty and to permit her to live with her husband.
(2.) The factual matrix, in short, from which this writ petition arises is as under:- On 6-1-2004, Ran Bahadur, father of the petitioner, lodged a F.I.R. at Police Station Kaudia, District Gonda, on the basis of which a case under Ss. 363/366/506, I.P.C. was registered against Ram Deen and three others. Later on, Section 376, I.P.C. was also added. A true copy of the F.I.R. has been annexed as Annexure No. 1 to the petition. On 10-1-2004, the petitioner married Ram Deen. A photocopy of the marriage agreement has been annexed as Annexure No. 2 to the petition. On 13-1-2004. an application was moved by the petitioner before the District Magistrate, Gonda wherein she stated that on her own volition she had married Ram Deen and certain persons were creating obstructions in their married life. Thereafter, two applications for custody of the petitioner were moved; one by her father Ran Bahadur and the second by her brother-in-law. In the former, it was stated that she was aged about thirteen years and had been forcibly retained by Ram Deen and others and in the latter, that the custody of the petitioner be given to him. On 24-1-2004, the petitioner moved an application before the Chief Judicial Magistrate, Gonda stating therein that she was being detained at. Police Station. Kaudia for the last three days and was being tortured. She further stated herein that she was a major and wanted to live at her husband's place. A true copy of the said application has been annexed as Annexure No. 6 to the petition. The Chief Judicial Magistrate, Gonda got the petitioner medically examined and her medical report shows that she was aged about seventeen years. The statement of the petitioner under Section 164, Cr. P.C. was also recorded by the Chief Judicial Magistrate, Gonda wherein she admitted that she was aged about twenty-twenty one years. The Chief Judicial Magistrate. Gonda sent the petitioner to Protective Home, Ayodhya, district Faizabad wherein she is being detained and from where she has been brought. Since the petitioner does not want to stay there and instead wants to stay with her husband Ram Deen, having no other equal efficacious remedy, she has preferred the present petition.
(3.) We have heard learned counsel for the parties and recorded the statement of the petitioner spceing who has been brought before us in pursuance of our order dated 9-2-2004. In her statement the petitioner has candidly stated:- She is aged about twenty years (she appears of that age): she has married Ram Deen, she is being detained at Protective Home, Ayodhya, district Faizabad against her wishes, and she wants to stay with her husband Ram Deen.;