- (1.) This petition has been filed to issue a writ, order or direction in the nature of habeas corpus for producing the corpus - Smt. Manju Yadav before this Court who is said to be legally wedded wife of the petitioner- Yogendra Yadav.
(2.) The brief point that is under consideration for this order is regarding the maintainability of writ of habeas corpus when an order of competent court/magistrate court is in existence for giving the minor girl in the custody of father after she was recovered during the investigation upon an FIR lodged under Sections 363 and 366 IPC.
(3.) The argument of learned counsel for the petitioner is two fold. Firstly, that Article 21 of the Constitution guarantees liberty of a citizen irrespective of her age, and a girl who has married and has gone out of her free will with the accused, cannot be detained against her wishes whether she is minor or major. Secondly, it is contended that availability of alternative remedy is no bar in maintainability of writ of habeas corpus and it is also stated by the learned counsel that even if the order of magistrate court is in existence regarding the custody of the girl, even then writ of habeas corpus is maintainable.;