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The Habeas Corpus writ was filled by Shikha (Sheeba) and her husband Rohit Rathaur, Shikha was a Muslim girl named Sheeba who converted into Hindu and married to Rohit Rathuar in the Arya Samaj Mandir on 03.07.2020 according to the Hindu rites. Their marriage was duly registered on 09.07.2020 under U.P. Marriage Registration Rules, 2017. The FIR was registered by the detenu’s (Shikha@ Sheeba) father Mukhtar Ali under section 366 of the Indian Penal Code against Rohit Rathaur, in his complaint, he stated that his daughter is 22years old and the Rohit has forcefully married her. The learned counsel from the petitioner side stated that the detenu has recorded a statement under section 146 C.r.P.C before the Magistrate; she said that - “She had left home because she was annoyed with her mother. She wants to marry Rohit and stay with him. No one has taken her away by blandishment, and that Rohit has not done anything contradictory to her wish by force.” Then she was handed over to her father as she spoke in favour of the Rohit. Since then she is illegally confined by her father and brother.
Shikha ( Sheeba) has called Rohit many times and told about the harassment she is going through in her house and soon she may be murdered. She requested Rohit to rescue her, it is on her instruction Rohit has transferred the petition to the court. The father and brother of the detenu are so embarrassed and annoyed that they are continuously torturing her due to the religious barriers between the parties, as Shikha (Sheeba) has excepted the Hindu religion and on the same day married to the Rohit. The detenu is also scared that her father and brother might murder her as an act of honour killing. Learned counsel of the petitioner in his argument stated had “it is not about rescuing Shikha (Sheeba) from illegal confinement but also saving her life and preventing her from becoming the victim of honour killing and the court must intervene in it”.
The court served the notice to both the Father and brother of the Detenu, to have all the communication with the chief of Metropolitan Magistrate on 12.10.2020. The Senior Superintendent of Police is ordered to present the detenu i.e. Shikha (Sheeba) before the court on 12.10.2020 at 2 pm. The Senior Superintendent of Police should take all the possible precautions while undertaking the aforesaid exercise, to ensure the safety of everyone in this prevailing pandemic of Covid-19.
The Bench of Justice J. J. Munir held that the “Since, there is a serious threat of Shikha (Sheeba) becoming a victim of honour killing, it is preferable to err on the side of caution. The Senior Superintendent of Police, Kanpur Nagar is ordered to forthwith take out Shikha @ Sheeba from the custody of Imran Hasan S/o Mukhtar Ali and Mukhtar Ali S/o Maqbool Ali, respondent nos. 4 and 5 and house her at the Nari Niketan, Kanpur Nagar in safety and security, until the time that she is produced before this Court, in compliance with the rule nisi"
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