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Judgment
Pursuant to our order dated 2.2.2010 detenue Ramakanti @ Shri Kanti has been produced from Rajkiya Sanrakshan Grih (Mahila), Lucknow. Her husband and his parents are also present.
We have also perused the order dated 17.6.2009 and the statement recorded u/s 164 Cr.P.C. on 27.6.2009. It appears that the detenue has stated her age to be about 18 years and we also find a mention that her father and other family members refused to take her custody. Therefore, she was lodged in Nari Niketan. From the medical report on record it appears that her age has been assessed to be 16 to 17 years and as per family register it is 19 years.
Thus taking into the permissible margin of error of two years on either side we may hold that she was major on the date of her marriage. Her husband and his parents are willing to take her along with them with the assurance to maintain her properly according to their means.
Thus we set aside the order dated 17.6.2009 passed by C.J.M. Unnao directing the lodging of the detenue in Nari Niketan and direct that she would be set free to accompany her husband if she so desires. On being asked the couple stated that there is no danger of any kind from the parents of the girl or the society where they were living.
Thus the writ petition stands allowed to the extent as above and is disposed of finally.