KHUSBOO Vs. STATE OF U P

JUDGEMENT

(1.) THIS Habeas Corpus Writ Petition has been filed by the petitioner, Khusboo, for quashing the order dated 12.10.2008 passed by the S.D.M., Sadar, Gorakhpur, in Misc. Case No. 3 of 2008 and for issuing a direction to the respondents to produce her corpus before this Court and for other suitable directions.

(2.) THE petitioner's case is that she is major and her date of birth is 5.2.1989. She has filed a photocopy of the School Leaving Certificate issued by the Headmaster, Primary School, Khorabar, Gorakhpur. She has alleged that she performed marriage with Ram Dayal out of her own choice but her parents were not satisfied with this marriage. She also moved an application before the S.D.M., Sadar, Gorakhpur, on 12.2.2008 asserting that she wanted to go with her husband. It was registered as Misc. Case No. 3 of 2008. THE petitioner Khushboo was produced before the C.M.O., Gorakhpur, by the police and the C.M.O. after obtaining x-ray report ascertained her age to be about 19 years. A photocopy of the medical certificate issued by the C.M.O., Gorakhpur, has been annexed as Annexure 3 to the petition. Even then the S.D.M., Sadar, Gorakhpur, did not permit her to go to her nuptial home and passed order for keeping her at the Rajkiya Paschatyavarti Dekhrekh Sanrakshan, Varanasi, (respondent No. 2). She alleged that since she is major, she has the right to live with a man of her choice and so she filed this petition challenging the above order. She has also alleged that her parents are not ready to keep her with them.

(3.) WE have heard learned counsel for the petitioner as well as learned AGA for the State and perused the record.