AKASH Vs. STATE

JUDGEMENT

(1.) IN terms of the last order, status report dated 21.03.2015 was filed in the morning. Copy of the said status report was made available to the counsel for Hashim Khan, father of Aaysha @ Sahiba. The writ petition has been taken up for hearing at 4 o'clock.

(2.) THE petitioner has invoked and filed this petition under Article 226 of the Constitution of India for issuance of a writ of habeas corpus and mandamus claiming that he is 21 years of age and is married to Aaysha @ Sahiba. It is claimed that this is a case of inter -religious marriage. The petitioner relies upon the marriage certificate which is enclosed with the writ petition as Annexure C -1. The petitioner has also enclosed a report dated 03.12.2014 made by him to the Station House Officer, PS Fatehpur Beri.

(3.) THE writ petition had come up for hearing on 19.12.2014 and Notice was issued. Aaysha @ Sahiba was directed to be produced. As the petitioner apprehended that Aaysha @ Sahiba might be married, the State and the private respondents were directed to ensure that she does not undergo any marriage ceremony till the next date of hearing, which was fixed on 22.12.2014. Order dated 19.12.2014 mentions that Aaysha @ Sahiba's statement was recorded by the Magistrate on 30.10.2014. The Court observed that the Magistrate should have sought for self -reliant affirmations and taken precautions and safeguards to ensure that Aaysha @ Sahiba was not under any threat, force or coercion. Copy of the said statement is available on record and mentions that Aaysha @ Sahiba had stated that she had gone from Delhi to Noida as per her wishes and, thereafter, had come back on her own will. Earlier, she had fought with her mother.