MUNNI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) BY the Court-The present petition under Article 226 of the Constitution of India has been filed by Smt. Munni Devi alleging herself to be major as she was born on 2-8-1971 (vide High School Marksheet of 1987, Annexure-1), and that she out of her volition, has married one Krishna Kumar on 25-10- 1989 in view of the provisions of Section 5 of the Special Marriage Act, but she has been illegally detained against her wishes in the Nari Niketan, Swaroop Nagar, Kanpur. Her prayer is that she may be produced before the Court and set at liberty. This Court vide order dated 21st March, 1990, directed the petitioner to be produced here on 4-4-1990. In pursuance of the said order she was produced before this Court today and made a statement on oath which was recorded. She stated that she is aged about 20 years and was major and she has willingly married Krishna Kumar, and that her detention was illegal.

(2.) A counter affidavit has been filed on behalf of Sri Ram Dularey Dubey, father of the petitioner, denying the allegations and stating in para 4 thereof that the petitioner is only 17 years of age, and as there is a civil suit pending and an injunction has been obtained and against that an appeal is pending, hence the detention could not be said to be illegal, nor the present petition was maintainable.

(3.) IN the present case having perused the statement of petitioner made on oath, we are satisfied that she was major and with her consent she wanted to live with her husband. IN the instant case if she has been detained in the Nari Niketan against her will, that is a wrongful detention. What amounts to wrongful detention is a question of fact for the court to decide in each case. IN the present case the detention of petitioner in the Nari Niketan against her consent, who was major and married, was wrongful detention, and the remedy of filing the present petition was correctly availed of as under the circumstances of the case she was entitled to the same. We accordingly do not find any substance in the submission of learned counsel for the respondent.