Allahabad High Court
Smt. Sangita Devi Alias Shabana Bano vs State Of U.P.Throgh Secy. Home Lko.And ... on 22 July, 2010
Bench: Abdul Mateen, Yogendra Kumar Sangal
Court No. - 25 Case :- HABEAS CORPUS No. - 452 of 2010 Petitioner :- Smt. Sangita Devi Alias Shabana Bano Respondent :- State Of U.P.Throgh Secy. Home Lko.And Ors. Petitioner Counsel :- Abdul Rafey Siddiqui,Rehan Ahmad Siddiqui Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
In pursuance of order of this Court dated 30.06.2010 Smt. Sangita Devi alias Shabana Bano has been brought before this Court from Women's Protective Home, Gorakhpur where she has been detained in pursuance of order of Sub Divisional Magistrate Tulsipur, Balrampur dated 17.06.2010 (Annexure-6). It comes out from the pleadings that due to intercaste marriage of petitioner with one Abdul Wahid she has been ordered to be detained in Women's Protective Home at Gorakhpur.
It has been argued by learned counsel for the petitioner that in view of law laid down by the Hon'ble apex Court in the case of Lata Singh Vs. State of U.P. and another reported in AIR 2006 SC 2522, both petitioner as well as Abdul Wahid being major they have got every right to marry a person of their own choice which they have done, as such, they should not be harassed or victimized in any manner whatsoever and protection to their life be also given.
Although Shri Pramod Kumar Singh learned Advocate, who has filed power on behalf of respondent No. 5, submits that Smt. Sangita Devi alias Shabana Bano is minor in view of parivar register where her date of birth has been shown to be 01.07.1993.
From the order of Sub Divisional Magistrate it comes out that in the medical examination report dated 17.06.2010 the age of prosecutrix has been has been shown to be 17-18 years and in school leaving certificate issued by Prathmik Vidhyalaya Nawanagar (Annexure-1), her date of birth is shown to be 10.04.1991.
In any case since it comes out from the medical evidence as well as school leaving certificate that Smt. Sangita Devi alias Shabana Bano is major, as such, she cannot be kept against her wishes but nevertheless it also cannot be ignored that it is an intercaste marriage, as such, her protection is also to be looked into.
Accordingly, we dispose of this petition with direction that Smt. Sangita Devi alias Shabana Bano be taken back to Women's Protective Home, Gorakhpur from where she shall be released.
It is open for Smt. Sangita alias Shabana Bano to go with whom she likes and protection shall be given to her by the Superintendent of Police, Gorakhpur who shall ensure safety of the petitioner Smt Sangita alias Shabana Bano as well as Abdul Wahid.
Order Date :- 22.7.2010 Pradeep/-