AJAI LAMBA, J. - (1.) The petition seeks issuance of a writ in the nature of habeas corpus directing respondent no.2 (Superintendent, Rajkiya Mahila Sharnalaya, Prag Narayan Road, Lucknow) to produce the detenue/petitioner and release her from custody. The petition also seeks issuance of a writ in the nature of certiorari quashing order dated 01.09.2018 (Annexure - 1) vide which the petitioner was confined to the Nari Niketan.
(2.) Gist of the issue raised by the petitioner is recorded in order dated 22.11.2018. The order reads as under:- "This is a writ for Habeas Corpus. The petitioner says that by the order of the Child Welfare Committee the petitioner has been lodged in Nari Niketan, Lucknow on 01.09.2018. The case of the petitioner is that her educational documents are not with her. The same are with opposite party no. 5, as such, she has not been able to produce those documents before any court. The argument of the petitioner is that the FIR itself discloses the age of the petitioner as 18 years. The petitioner has annexed Annexure No. 2 which is a marriage certificate being solemnized in Arya Samaj Mandir, Aliganj, Lucknow. The petitioner says that she was pregnant when she was lodged in Nari Niketan on 01.09.2018. As per instructions of learned Additional Government Advocate the medical report dated 31.08.2018 shows her age about 17 years. The petitioner says that she has delivered a baby in the Government Hospital and that child is also with the petitioner. An statement under Section 164 Cr.P.C., 1973 has also been made wherein she has categorically stated that she had married on her own will and she is major. Under the circumstances, let the Superintendent, Nari Niketan, Lucknow produce the petitioner before the Court on 26.11.2018. Issue notice to the opposite party no. 5."
(3.) It has been asserted on behalf of the petitioner that the petitioner being in love with the deponent Sonu Gautam got married to him according to Hindu Rites and Rituals. Learned counsel has drawn attention of the Court towards Annexures - 2 and 3 in evidence of the marriage.;