RAZDA Vs. NOOR MOHD

JUDGEMENT

(1.) Km. Razda daughter of Mohd. Haneef has come to this Court for issuance of a writ, order or direction in the nature of Habeas Corpus directing the respondents to produce the petitioner in Court and set her free.

(2.) According to the petitioner, respondents No. 1 and 3 had enticed her away on 21/ 22.9.1992. Her father Mohd. Haneef had lodged a First Information Report regarding the same with the police against respondents 1 and 3. Respondent No. 1 Noor Mohd. was son of the respondents 2 and 3 who were husband and wife. The police of police station Kharkhoda arrested respondent No. 1, Noor Mohammad, and respondent No. 3, Smt. Rasso and challaned them under sections 363/365, I.P.C. They, however, were released on bail by the Sessions Judge of Meerut. The date of birth of the petitioner according to the school record in which she had studied was 1.5.1979. She thus, was aminoron the date of this incident. Mohd. Haneef sent a number of applications to the police authorities of Meerut district including the S.S.P. Meerut requesting for tracing out the petitioner but in vain. His request to Inspector General of Police, D.P. also did not bear any result. Finding no way-out, she instituted this writ petition as mentioned above through her father.

(3.) Notices were issued to the opposite parties. Respondent No. 1, Noor Mohammad, who gave his age as 25 years, filed counter affidavit. He described himself as Pairokar of respondents No. 2 and 3, viz., his parents. According to him, petitioner Smt. Razda was a major lady aged about 20 years having full sense of discretion to distinguish between good and bad and also was at liberty to take independent decision for her personal life. She had fallen in love with him and the relations between them had become intimate which were no secret to the family members of both the families. The family members were willing for the marriage of the two but the father of the petitioner made financial demand from his parents for marrying Razda to him. She ultimately had willingly accompanied him for entering into wed-lock. Her father, however, had lodged a false First Information Report with the police resulting in the registration of a false case against the respondents. Razda and Noor Mohmmad on 7.1.1992 got their marriage performed according to Muslim rites and were living since then as duly wedded couple, vide Annexure C.A. 1, which is a copy of the Nikahnama. Thereafter, both of them performed marriage agreement and also swore affidavits. Razda has got a pregnancy of about 16 weeks from Noor Mohd. He and his family members were threatened with dire consequences by Razdas father due to which they took recourse to necessary criminal proceedings. The Habeas Corpus Petition was based entirely upon wrong allegations and, therefore, liable to be dismissed.