Dharnidhar Jha and Ramesh Sinha, JJ.@mdashWe have heard Sri. Ram Autar Verma, learned counsel appearing on behalf of the petitioner. Sri. R.A. Mishra, learned A.G.A. and Sri. Amit Tripathi appearing on behalf of respondent No. 5. The present petition creates a very peculiar human situation. Petitioner No. 1, Smt. Pinki, indisputedly, was married to Manoj Kumar Kesarwani, respondent No. 5. It is also not disputed that out of their wedlock two children were born and those children are presently in the care and custody of their father. It is undisputed that the lady Smt. Pinki left her matrimonial house and went into the company of one Kamlesh Kumar, petitioner No. 2. This appears indicated from her statement recorded on 19.3.2012.
2. The initial dispute was that a non-cognizable offence was reported about elopement of the lady with the said Kamlesh Kumar. The lady, who was apprehended, had refused to go either with her parents or with her husband and probably, expressed the desire that she will better live in the Nari Sanrakshan Grih, Allahabad. Subsequently, she filed the present petition.
3. Sri. Amit Tripathi appears on behalf of respondent No. 5, Manoj Kesarwani, husband of the petitioner and resists the prayer and rather submits that the petitioner Smt. Pinki, should be directed to go to her husband''s company to join and take care of the two children. However; the lady who was directed to appear before us, by our order dated 10.5.2012 and who is presented before us alongwith the counsel for the parties, has changed her stand which was earlier taken by her in the statement recorded on 19.3.2012, that she was not desirous to join her parents and rather would go to the Nari Sanrakshan Grih, now states that she would like to go with her parents.
4. Marriage is an institution that bands two souls and not the bodies. On account of unison of two souls due to the sacred rites which are performed during the marriage ceremony of two Hindus, the bodily relationship develops and that procreates off springs. Every person is known to be bestowed by nature as also by law with some liberties. Those liberties remain with the person, but when it comes to joining the institution on marriage and getting tied down by sacred nuptial knots the persons who are probably the couple, surrender some of their liberties and freedom out of their volition. Sometimes some excessive demand are made and that could not be said to be unjustified or unlawful or an encroachment upon the liberty of a person as the person detaches himself or herself from that particular class of liberty so as to surrendering it to the wishes of the life partner so that the vehicle of the marriage runs smoothly on the chosen track. It may not happen always and permanent.
5. We may often come across situations which are as smooth as a properly acted machine in the form of a marriage. Some times, even after having spent long years in company of each other and also having procreated some children, couple are known to have given up a sacrosanct marriage and are found walking out of the wedlock. It may be on account of ego or it may be on account of some liking for a person outside the wedlock. May be that some sort of dislike and distrust develops between the couple and a liking for a person who is a rank outsider to the institution of that particular marriage.
6. Being married does not deprive of a person of his liberties. Liberties include the right to express ones desire and to act as per his or her desire. Walking out of the wedlock may be an expression of desire and, as such, should be accepted an exercise of the right to expression and the right to liberties. ''Liberation'' could not be the right word to describe such a situation as appear before us, but it may be under some circumstance almost near it that a dejected couple, on account of some very difficult situation, may be found digressing from the path of smooth marriage, to choose a bye-pass, to meet out the difficult situation. We are not aware as to what could be the circumstances in the present case, but we found that for whatever reason the lady had, as appears from her statement recorded on 19.3.2012, walked out of the marriage and she was further sacrificing her motherly sentiments at the alter of probably, her infatuation or a strong like for a person under a different unknown situation. This could probably illustrate as to how the personal desire wrecks settled marriage. No law prohibits such an action either of a man or a woman. Even the penal law of the land does not define the above facts as an offence. So, the lady is free to enjoy her liberty. She was free to express her desire and, as such, we have under the circumstances, to direct the Superintendent, Nari Sanrakshan Grih, Khuldabad, Allahabad to immediately set free the petitioner. Smt. Pinki, so that she goes to whatever place she likes.
This petition is accordingly disposed of.
