HENRY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE made returnable forthwith by the consent of the learned Advocates for the parties.

(2.) THIS is an application filed by the Petitioner under Article 226 of the Constitution of India, for issuance of a Writ, order or direction in the nature of Habeas Corpus to release his wife Gauri, aged 23 years, detained in the Reception Centre, Aurangabad. It is the contention of the Petitioner that he and Gauri were knowing each other. She embraced christianity on 24-11-1990 and thereafter they were married on 29-11-1990. After the marriage both of them were living together. On 6th December, 1990 the police came at his residence and they forcibly took Gauri with them. On 8th December, 1990 the Petitioner received a letter from Gauri, through the servant of the Reception Centre, informing him about her detention in the Centre. Thereafter the petitioner filed the present writ petition, on 13th December, 1990.

(3.) ON 17th December, 1990 we directed the Superintendent of the Reception Centre, Aurangabad, to produce Gauri in the Court. Accordingly on the same day at 2. 15 pm Gauri was produced in the Court We interviewed her in the presence of the learned Advocates for the petitioner and Respondents No. 1 to 4 and the learned Advocate for the Intervener, in chamber. She told us that she is a commerce Graduate and her date of birth is 5-4-1967. It may be stated her itself that the Respondents as also the Intervenor do not dispute the date of birth of the girl Gauri. She told us that she embraced christianity on 24-11-1990 and thereafter married with the petitioner Henry Makory according to the Christian Marriage rites. She further told us that she wanted to live with her husband and does not want to go to her parents or the reception centre. She repeatedly told us her desire to go to her husband. She told us that she was making the statement without any fear or pressure from any body.