Yashwant Varma, J. - (1.) Heard Sri C.B. Singh, learned counsel for the applicant, Sri Neeraj Upadhyay, the learned Additional Chief Standing Counsel who has appeared for the S.H.O., Bhadohi and upon instructions from the S.P., Bhadohi as well as Sri Mishra, who had appeared in Court stating that he was instructed to appear in these proceedings by Sri Amresh Yadav the father of "the major".
(2.) Taking note of the allegations made in the contempt petition, this Court on 7 February 2018 had directed the learned Additional Chief Standing Counsel to obtain instructions. The petition itself was based upon an order passed in Habeas Corpus Writ Petition No. 47489 of 2017 (Shreya Yadav And Another Vs. State of U.P. And 4 Others), which was allowed on 11 October 2017 on the following terms: "In compliance of the order of this Court dated 10.10.2017, petitioner no. 1 - Shreya Yadav has been produced before this Court from Women Protection Home, Khuldabad, Allahabad by two constables, namely, constable Pooja Verma P. No. 162414093- C.P. - 4827 and constable 756 Shivakant Shukla P. No. 972761956. Corpus Shreya Yadav - petitioner no. 1 has identified petitioner no. 2 - Arvind Kumar @ Bindi as her husband, who in turn identified petitioner no. 1 as his wife. Learned counsel for the petitioners has identified both the petitioners on the basis of document produced before him in his chamber. The Court has examined corpus Shreya Yadav - petitioner no. 1, who has made a statement before this Court that her age is 19 years, which is duly supported by the medical examination report dated 18.9.2017 which is a report of Chief Medical Officer, Allahabad (annexure no. 5), wherein it has been clearly mentioned that Shreya Yadav is aged about 19 years. Corpus Shreya Yadav - petitioner no. 1 also informed the Court that she has married with Arvind Kumar @ Bindi - petitioner no. 2, who is present before this Court today. She further informed the Court that she married with petitioner no. 2 without any pressure, threat or coercion and they are entitled to live happily as husband and wife. Corpus Shreya Yadav - petitioner no. 1 has made a statement before this Court that though she has been brought to this Court today by aforementioned two police constables, but now she wants to go back with her husband i.e. Arvind Kumar @ Bindi - petitioner no. 2, who is present before this Court today. In view of the categorical statement made by corpus Shreya Yadav - petitioner no. 1 before this Court today, the Court has been left with no option but to allow the petition and release the corpus in favour of petitioner no. 2. Accordingly, the writ petition is allowed. The corpus Shreya Yadav - petitioner no. 1 is released from the custody of Women Protection Home, Khuldabad, Allahabad forthwith and permitted corpus Shreya Yadav - petitioner no. 1 to go with petitioner no. 1 wherever she wants to go. It is made clear that no hindrance will be caused in this regard and corpus Shreya Yadav - petitioner no. 1 is free to move from this Court along with her husband i.e. petitioner no. 1. Respondent no. 5 and the other family member are restrained from interfering in any manner with the living together of petitioner nos. 1 and 2 as husband and wife and in case any hindrance is caused or any threat is extended to petitioner nos. 1 and 2 by respondent no. 5 and the other family member, liberty is given to the petitioners to file an appropriate application before the SSP, Allahabad and in case such an application is filed, the SSP, Allahabad shall personally look into the matter and take necessary remedial measures in this regard keeping in view the life and interest of the petitioners. With the aforesaid direction, the writ petition is allowed. Let a copy of the order be communicated to office of Government Advocate within 24 hours, who after receipt of the order shall forward the same to the SSP, Allahabad through the office of the Government Advocate, who shall take appropriate action in this regard."
(3.) The allegation in this contempt petition is that "the major" who is the legally wedded wife of the applicant and was released from the custody of the Womens' Protection Home and permitted to accompany the applicant was forcibly abducted from the residence of the applicant at Bhadohi on 13 November 2017. The allegation is that the father of "the major" along with two others came to the residence of the applicant on 13 November 2017 and with the assistance of a local Sub Inspector, Moti Lal Yadav, forcibly took away his wife from his residence. It is further averred that since the complaints made to the S.S.P., Allahabad as well as of Bhadohi did not result in any effective action being taken, the applicant was constrained to institute the present proceedings.;