Amar Saran and D.R. Azad, JJ. - (1.) HEARD learned Counsel for the Petitioner and learned Additional Government Advocate.
(2.) LEARNED A.G.A. states that no useful purpose would be served in requiring a counter -affidavit to be filed in this case and summoning the detenu Smt. Kusum Devi in Court, who has been detained in Women Protective Home/Nari Niketan, Ayodhya on order of the Sub -Divisional Magistrate, Basti Sadar dated 26.5.2009. Perusal of the said order shows that Deep Narain, son of Radhey Shyam, moved an application on 2.4.2009 before the S.D.M. that his mother Smt. Kusum had gone to Lucknow for medical treatment and had not returned for two days and she is presently staying in Lalitpur, she should be searched and given in his custody. The S.D.M. asked the Superintendent of Police, Lalitpur to produce Smt. Kusum Devi before the Court. Thereafter, constables Pratipal and Asha Devi produced Smt. Kusum Devi before the Court on 26.5.2009. Statement of Smt. Kusum Devi was recorded under Section 164, Code of Criminal Procedure, who stated that she had gone to Lucknow for the purpose of medical treatment, after taking medicine, she got into a bad mood and she left for Lalitpur herself. In Lalitpur she stayed in village Bargaon in the house of Akram with whom she was earlier in contact. She was not held hostage there. She has two children, one boy and one girl, the girl is married and the son could stay with his father and she has got married with Akram in Court and wants to stay with him.
(3.) RADHEY Shyam, husband of Smt. Kusum, moved an application that he wants Smt. Kusum to return home, because he was a teacher and suffering from diabetes. He has some septic problem with his leg and in the meantime he has been suspended from his job and there is no one to look after him. His wife had gone to Lucknow, from where she had left with Akram. He learnt about her disappearance on Akram's mobile phone. He wanted to get back the custody of his wife as relations had been restored with his wife. Having perused the aforesaid statements, the learned Magistrate observed that Smt. Kusum could not give any certificate of marriage with Akram and without first getting divorce from Radhey Shyam, she could not have married Akram. She had expressed her desire to stay in Lalitpur whereas her son and husband wanted her to stay at their place, as there was none to look after them. The Magistrate was apprehensive that there could be some untoward incident if Smt. Kusum Devi was handed over to Radhey Shyam, hence he had sent Smt. Kusum Devi to the Women's Protective Home.;