Sudhir Kumar [ U/A 227 ] vs State Of U.P.Through The Prin. ...
2011 Latest Caselaw 2874 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- MISC. SINGLE No. - 3710 of 2011
 

 
Petitioner :- Sudhir Kumar [ U/A 227 ]
 
Respondent :- State Of U.P.Through The Prin. Secy. Deptt. Of Home Civil
 
Petitioner Counsel :- Upendra Prakash Pathak
 
Respondent Counsel :- G.A.
 

 
Hon'ble Satyendra Singh Chauhan,J.

Heard learned counsel for the petitioner and the learned AGA.

In pursuance to the directions of this Court dated  29.6.2011 Petitioner and opposite party no.3-Preti are present in the Court today. The statement of opposite party no.3 under Section 164 Cr.P.C.  has been recorded and in the said statement she admitted the marriage  and  disclosed her age  about 22 years. She has also disclosed her date of birth as 20.10.1988. She also states that the educational certificates were got prepared by her father for admission and her real date of birth has been manipulated. The medical report also discloses her age above 18 years. At the moment, she is pregnant. 

Now, it has to be seen as to whether O.P.No.3 will be accepted by her parents and whether she will be able to live as a wife  with dignified life in the society in case she is not allowed  to go along with her husband. The husband is a school teacher and it appears that he is self capable to maintain  her  and future of opposite party no.3-Preti  will also be secured.  During the pregnancy various types of considerations prevail and care is to be taken of the lady  who is pregnant by giving her medical assistance, nutritional food and time to time check up which will not be possible in the Nari Niketan.

From the medical opinion, the age as disclosed, is above 18 years. The educational  certificates have been relied upon by the learned Magistrate and marriage is  ultimate future of a lady and in case opposite aprty no.3  is not allowed to go along with her husband, it will not be possible for her to live properly and  she shall not be able to maintain her child after delivery at  Nari Niketan. She has also expressed apprehension to her life by parents.

Considering over all facts and circumstances of the case the Court  feels proper to allow opposite aprty no.3 to go along with her husband.

Accordingly  the  petition is allowed and  the order dated 22.3.2011 passed by the learned A.C.J.M., Barabanki is hereby set aside. The opposite party no.3 is allowed to go along with the petitioner Sudhir Kumar.

Order Date :- 20.7.2011

BLY