- (1.) Heard Sri Ajay Kumar Vashistha, learned counsel for the petitioner, Sri Vijendra Pal Singh, who has put in appearance on behalf of the respondent no.6, the father of the girl/first informant and Sri Rajesh Mishra, learned AGA appearing for the State.
(2.) Today when the case is taken up learned AGA has produce a copy of medical certificate of the girl issued by the Chief Medicinal Officer, Kanpur Nagar, which was done in compliance of the earlier order passed by this Court, which shows that the age of the girl is 19 years. It is an admitted position that the marriage of the girl was fixed and lagan ceremony was to take place on 23.04.2018, however the girl has eloped one day prior to her lagan ceremony i.e. on 22.04.2018. Reliance has also been placed on the statement of the girl under Section 164 Cr.P.C., copy of which is annexed on page no.42 of the writ petition, wherein she states that
(3.) We have also perused the earlier order dated 19.12.2018, the said order is being extracted herein below:- "This habeas corpus writ petition has been filed on behalf of corpus Varsha through her husband Kuldeep Kumar. When the matter was taken up before this Court on 4.12.2018, following order was passed: "The present habeas corpus writ petition has been filed on behalf of corpus Smt. Varsha - petitioner no. 1 through her husband Kuldeep - petitioner no. 2. Smt. Varsha is an adult, aged about 19 years as per F.I.R. lodge. Her marriage fixed for the next day before she elapse. she has solmenized marriage with petitioner no. 2 out of her own sweet will without any fear, threat or coercion. Much reliance has been placed upon the statement of the corpus recorded under section 164 Cr.P.C., contents of which are self explicit. The copy of the said statement has been annexed at page no. 42 of the writ petition.The girl is having pregnancy and the marriage is registered as per statement made in page No.32. In view of the aforesaid facts and circumstances, no case for grant of indulgence is made out. Learned AGA has accepted notices on behalf of respondent nos. 1,2, 3 and 4. Issue notice to respondent no. 6, which shall be served through CMM, concerned. The notice will clearly reflect the next date fixed in the matter is 19.12.2018 on which date respondent no. 6 shall be personally present before this Court. The notice shall also specify that on the said date, the matter shall be heard and decided finally. The CMM concerned after effecting service upon respondent no. 6 shall submit a report before this Court through the office of Registrar General of this Court. In view of the averments as made in the habeas corpus petition, the learned AGA is directed to ensure the presence of corpus Smt.Varsha before this Court on the next date of listing i.e. 19.12.2018. List on 19.12.2018, on which date corpus Smt. Varsha shall be produced before this Court." In pursuance of the said order, corpus Varsha has been produced before this Court in custody of S.I. Girish Kumar Pachauri and Lady constable Rekha Yadav, police station Soron District Kasganj. Sri Vijendra Pal Singh Advocate has put in appearance on behalf of respondent no.6 and prays for a short time for filing counter affidavit. However, since the Court has been informed that corpus Varsha is present before this Court, the Court proceeds to examine her for the time being. On being asked from the girl as to what is her name, she informs that her name is Varsha and her father's name is Sri Anar Singh. On being asked as to what is her age, she informs the Court that her age is 19 years. She further informs that she has performed marriage with Kuldeep Kumar of her own sweet will without any fear, threat or coercion. She has further informed the Court that she is illiterate and she did not study in any school. On being shown to the girl the Scholar's Register and Transfer Certificate form, which has been annexed as Annexure-7 at page 48, she informs the Court that "main is school ko jaanti bhi nahi hun". Since an averment has been made in the writ petition that girl is carrying pregnancy, the girl was asked about the same and she replies that she is carrying pregnancy of eight months. On being asked as to whether she would like to talk or go with her father (respondent no.6), she replies "No" kyon ki uske pita uske saath gundagardi and maarpeet karte hain. She has expressed her desire that she would like to go with her husband Kuldeep Kumar. Thus, this Court does not deem it fit to give custody of the corpus in favour of her father at this stage under any circumstances whatsoever in view of the statement made by the girl before this Court. However, keeping in view the adjournment sought by the counsel for respondent no.6, it is directed that the corpus Varsha shall be taken back to Nari Niketan from where she was brought to this Court today, till further orders are passed by this Court in the present habeas corpus writ petition and they are served upon the competent authority. Looking to the fact that corpus Varsha is carrying pregnancy of eight months, the District Magistrate Kanpur Nagar (as the corpus is presently detained at Rajkiya Balgrih Balika, Swaroop Nagar, District Kanpur Nagar) is hereby directed to depute a lady officer, who will visit the said shelter home and will see that the girl is given proper care and fooding and in case any medical treatment is required the same is also provided to her. The District Magistrate, Kanpur Nagar is also directed that the girl be examined by a team of doctors headed by CMO, Kanpur Nagar for the purposes of age verification of the girl and for the purpose of well being of the child that she is carrying. The medical report in this regard be sent to this Court through the office of Government Advocate by the next date of listing. List on 3.1.2019 peremptorily before appropriate Bench. Meanwhile, counter affidavit, if any, may be filed. The matter shall not be treated as tied up or part heard to this Bench. The corpus need not appear in person before this Court on the next date of listing." ;