- (1.) NOTICE of this special appeal on behalf of opposite parties nos. 1 to 3 has been accepted by the Government Advocate and Mr. Z. Zilani, learned Additional Advocate General has put in appearance.
(2.) MR . Z. Zilani, learned Additional Advocate General submits that he has no objection in case delay in filing the appeal be condoned and the matter be heard finally. Since cause shown in the affidavit filed in support of application for condonation of delay in filing the appeal is satisfactory, therefore, application for condonation of delay is allowed. Delay in filing the appeal is condoned.
(3.) THE instant special appeal arises out of the order dated 28.10.2013 passed in Writ Petition No. 594 of 2012, whereby the learned Single Judge has directed for release of Sameeha Khatoon (opposite party No. 5), daughter of the appellant. The portion of the judgment and order 28.10.2013 under challenged in the instant special appeal is reproduced as under: Sameeha Khatoon has been produced in the Court by Superintendent of Government Protective Home, Faizabad. She was detained in Home in pursuance of the order dated 15.7.2013 passed by Chief Judicial Magistrate, Balrampur in Criminal Case No. 335 of 2013, under Sections 363, 366 IPC, P.S. Kotwali Gaisdee, district Balrampur. As per medical report, she has been found to be 18 years. Copy of the application given before Special Marriage Officer/A.D.M., Siddharth Nagar, is on record. It shows that Tabrej and Sameeha Khatoon have married. On being asked, Sameeha Khatoon states that she does not want to stay in Protective Home and wants to go with Idrish, her father -in -law, who is present in Court and he assures that he will take full care of his daughter -in -law. Idrish has been identified by Sri M.G. Tripathi, Advocate, who files Vakalatnama on his behalf. Since Sameeha Khatoon is major, she cannot be detained in Home against her wishes. Consequently, I direct Superintendent, Protective Home, Faizabad to set Sameeha Khatoon free to go with Idrish, father -in -law.;