KUSUM DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioner and learned Additional Government Advocate.

(2.) LEARNED A.G.A. states that no useful purpose would be served in requiring a counter -affidavit to be filed in this case and summoning the detenu Smt. Kusum Devi in Court, who has been detained in Women Protective Home/Nari Niketan, Ayodhya on order of the Sub -Divisional Magistrate, Basti Sadar dated 26.5.2009.

(3.) RADHEY Shyam, husband of Smt. Kusum, moved an application that he wants Smt. Kusum to return home, because he was a teacher and suffering from diabetes. He has some septic problem with his leg and in the meantime he has been suspended from his job and there is no one to look after him. His wife had gone to Lucknow, from where she had left with Akram. He learnt about her disappearance on Akram's mobile phone. He wanted to get back the custody of his wife as relations had been restored with his wife. Having perused the aforesaid statements, the learned Magistrate observed that Smt. Kusum could not give any certificate of marriage with Akram and without first getting divorce from Radhey Shyam, she could not have married Akram. She had expressed her desire to stay in Lalitpur whereas her son and husband wanted her to stay at their place, as there was none to look after them. The Magistrate was apprehensive that there could be some untoward incident if Smt. Kusum Devi was handed over to Radhey Shyam, hence he had sent Smt. Kusum Devi to the Women's Protective Home.