NEHA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The first petitioner 'A' is a mother and yet a minor. The second petitioner, Anurag Yadav is her minor son, aged two months begotten of Mukesh whom 'A' assertes to have married. This petition is supported by an affidavit filed by the first petitioner's mother-in-law, that is to say, Mukesh's mother. The first petitioner being a minor, who married Mukesh of her free will, 'A's father reported the incident to the police giving rise to Crime No. 271 of 2025 under Sec. 137 (2) of the Bartiya Nyay Sanhita, 2023 (for short, 'B.N.S.'), P.S. Rasoolabad, District Kanpur Dehat. It must be noticed that the parties married on 3/7/2025, and according to 'A's High School Marksheet, her date of birth is 5/10/2008. Therefore, on the date of her marriage, the prosecutrix was three months shy of 17 years. She has now turned 17. After registration of the crime, Mukesh was arrested on 22/7/2025 and remanded to judicial custody. Before his arrest, the second petitioner was born to Mukesh and 'A' on 14/7/2025. 'A' too was detained by the Police on 22/7/2025 and produced before the Child Welfare Committee, Kanpur Dehat, where she made a statement that she wants to go back to her husband Mukesh's house. She refused to go along with her parents citing peril to her life. Bearing in mind the aforesaid stand that 'A' took, the Child Welfare Committee, Kanpur Dehat directed her to be lodged in the Rajkeeya Bal Grih (Balika) Unit-1/Rajkeeya Visheshgya Dattak Grahan Ekai 7/202 Swarup Nagar, District Kanpur Nagar (hereinafter referred to as 'Rajkeeya Bal Grih (Balika)'). She is currently lodged there.

(2.) This habeas corpus petition has been filed with a prayer that the detenue be summoned from custody of the Rajkeeya Bal Grih (Balika) and set at liberty.

(3.) A counter-affidavit has been filed in the matter on behalf of the State.