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Smt. Rita Rani v. State Of U.P. & Others - HABEAS CORPUS WRIT PETITION No. - 52950 of 2007 [2007] RD-AH 17619 (12 November 2007)

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Court no. 37

Habeas Corpus Petition No. 52950 of 2007

Smt.Rita Rani....................................................................Petitioner


State of U.P. and others...................................................Respondents.

Hon. Imtiyaz Murtaza, J.

Hon. Ajai Kumar Singh, J.

Impugned herein is the order dated 5.9.2007 passed by respondent no. 2 (Annexure 3 ) to the petition.

From a perusal of the materials on record, it would transpire that the petitioner tied nuptial knot with one Dal Chand alias Dala under the Hindu rites and customs on 11.5.2007. Subsequently, both the petitioner and Dal Chand were taken into custody by the police and were produced before the S.D.M. Jewer District Gautam Budh Nagar who passed the impugned order whereby the petitioner was ordered to be lodged in Nari Niketan.

We have heard learned counsel for the petitioner and also have been taken through the materials on record.

The petitioner is present in Court and she reiterated her version that she is major which is fully corroborated by the medical report and further she had married Dal Chand out of her own volition according to Hindu rites.

The learned counsel for the petitioner argued that the petitioner at the time of performing marriage with Dal Chand was major being aged 21 years, which fact is propped up by the medical report in which she is opined to be of 21 years of age and also other evidence on record. He assailed the impugned order arguing that the view of the S.D.M. that no marriage certificate has been produced vouching for their marriage is wholly erroneous and militates against the settled position in law.

We have also perused the order and are of the view that the order impugned herein is not sustainable inasmuch as there was ample authentic evidence on record to vouch for the fact that the petitioner was major and further as noted in the impugned order, she had expressed a desire to live with her husband. Nothing has been brought on record to press home the point in vindication of the impugned whereby the girl was assigned to protective home.

In the facts and circumstances of the case, the writ petition is allowed and the impugned order is quashed. In consequence, it is directed that the petitioner shall be set at liberty forthwith from the Protective Home and shall be allowed to go wherever she likes to go according to her own volition.




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