RAJ KUMARI Vs. SUPERINTENDENT WOMEN PROTECTION HOUSE MEERUT

JUDGEMENT

(1.) The present writ petition has been filed on behalf of one Smt. Raj Kumari presently confined in Government Women Protective Home, Meerut, through her alleged hushand Sunil Kumar in the nature of habeas corpus, praying for her release from Women Protective Home, Meerut and for quashing of the order dated 23-11-1996 passed by the City Magistrate, Bulandshahr by which she is detained in Women Protection Home, Meerut.

(2.) According to the allegations made in the writ petition, the mother of the petitioner namely Smt. Chandrawati respondent No. 4 was not willing for the marriage of the petitioner Smt. Raj Kumari with Sunil Kumar and she wanted her to marry with some other person of her choice and on getting information about the marriage of the petitioner with Sunil Kumar under the Special Marriage Act, petitioner's mother had wrongfully confined her at the house of one Siria S/O Munshi residing at Peerwali Gali, Satha, District Bulandshahr.

(3.) Thereafter an application was moved by Sunil Kumar before the City Magistrate, Bulandshahr on 24-2-1996 with a prayer for issuing search warrant and for the recovery of the petitioner, alleging himself to be her husband. The City Magistrate issued search warrant for the petitioner under Section 97 Cr.P.C. But the petitioner had been shifted from the said place to her mother's place from where the police of P.S. Kotwali Nagar recovered her and produced her before the City Magistrate on 20-8-1996 and submitted a report that her medical examination could not be done on account of strike of Doctors. The City Magistrate ordered the detention of the petitioner in Government Women Protective Home, Meerut. Thereafter the petitioner was medically examined on 26-8-1996 and the Chief Medical Officer, Bulandshahr opined her age to be about 19 years. Thereafter the mother of the petitioner moved an application dated 3-10-1996 and challenging the medical report of the Chief Medical Officer with a prayer that another medical report from other district or Medical College, Meerut regarding the age of the petitioner may be obtained. Thereafter the petitioner was again medically examined at LLRM, Medical College, Meerut. According to the report of the Chief Medical Officer the age of the petitioner was 19 years on 26-8-1996 and according to the report of LLRM, Medical College, Meerut her age was indicated above 17 years and below 19 years on 10-10-1996. The petitioner herself stated her age to be 20 years in her statement given before the City Magistrate on 15-11-1996.