Intezar Hussain vs State of Uttarakhand and Others

Hon''ble Prafulla C. Pant, J.—Heard.

By means of this petition moved under Article 226 of Constitution of India, the petitioner has sought writ in the nature of habeas corpus commanding the respondents to produce corpus of respondent no. 6 Rukhsar who has been alleged to be wrongfully detained by respondent nos. 3,4 and 5.

Learned counsel for the petitioner pleaded that respondent no. 6 Rukhsar got married to the petitioner Intezar Hussain against the wishes of her parents. A writ petition no. 163 of 2011, was filed by the two in which this Court granted interim protection order on 10.03.2011. It is pleaded in the writ petition that the girl is major.

This Court Vide order dated 04.11.2011, respondent nos. 3, 4 and 5 were directed to produce the corpus of respondent no. 6 Rukhsar in the court. In compliance of said order today respondent no. 6 Rukhsar is produced in the court.

Though learned counsel for the respondent nos. 3, 4 and 5 pleaded that Rukhsar is minor but from her appearance she looks major. She stated before this Court, on being orally interacted, that she got married to petitioner Intezar Hussain against the wishes of her parents in the month of February, 2011. She further told this Court that she is carrying pregnancy. She further stated that she wants to go with her husband. Learned counsel for the petitioner submitted that as per the medical report also the girl is major.

In the above circumstances, this writ petition is disposed of with the observation that respondent no. 6 Rukhsar be set at liberty. (Interim relief application no. 11524 of 2011, also stands disposed of).