ANJU MINOR AND ANOTHER v. State of UP AND 3 OTHERS
HABC/958/2024 · 2025-01-06
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109012 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109012 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:3022 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 958 of 2024 Petitioner :- Anju Minor And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sanskar Gaur,Satanand Mishra Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Sanskar Gaur alongwith Sri Satanand Mishra, learned counsel for petitioner and learned AGA.
2. This habeas corpus petition has been filed by elder sister of corpus.
3. In compliance to the earlier direction, corpus alongwith her mother and respondent no.4 are present in person before the Court.
4. As per the educational documents, it is apparent that corpus is a minor and presently residing with her parents but at the same time, as per statement recorded by the corpus herself, she is being compelled to live with respondent no.4.
5. It has been fairly admitted by mother of corpus that in spite of not attaining the age of majority, corpus was married to respondent no.4 since her elder daughter fled away on the date of marriage which was earlier decided with respondent no.4 and there was no option left but to perform marriage of her younger daughter i.e. corpus with respondent no.4.
6. Specific statement given by corpus herself that she is not ready to lead her life with respondent no.4 being married couple and the same is also not permissible in the eye of law. The marriage whatsoever has been performed between respondent no.4 and corpus, is a void marriage and no right incurred in favour of respondent no.4 arising out of the same.
7. Corpus showed her willingness to lead her life alongwith their parents at Sangam Vihar, Delhi where she is pursuing Class XI in a Government institution.
8. Just to ensure the security of corpus, SHO, Police Station Neb
Sarai (Delhi) is hereby directed to depute a lady constable who will be in touch with the corpus on weekly basis to inquire about her well-being till attaining the age of majority so that she may not be compelled to maintain any relationship with any family members of respondent no.4, unless corpus herself desires.
9. In view of the aforesaid facts and circumstances, there is hardly any illegal detention of corpus carried out by respondent no.4 as alleged through the instant petition and as such, the same is hereby
disposed of.
Order Date :- 7.1.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad