Dismissed

Km. Radha Shivhare and Another v. State of U.P. and 6 Others

Allahabad HC7 Aug 2018HABC/3342/2018

Case brief

AI extract

What is this about?

In a habeas corpus petition alleging illegal detention and lack of free will in marriage, the corpus, Km. Radha Shivhare, categorically affirmed she married voluntarily and wishes to live with her husband. The court dismissed the petition on merit, set her free, and directed police escort for safe passage to her husband.

What did the court decide?

Petition dismissed; corpus set free; direction to police for safe passage to husband's residence.

Km. Radha Shivhare and Another Vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 42

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Case :- HABEAS CORPUS WRIT PETITION No. - 3342 of 2018

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Petitioner :- Km. Radha Shivhare And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Shiv Nath Singh,Akhilesh Kumar Counsel for Respondent :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Sri Anand Mohan Pandey, Advocate has filed his Vakalatnama on behalf of private respondent nos.4 to 7, whereas, respondent nos. 1, 2 and 3 are represented by the learned A.G.A. for the State.

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The corpus-Km. Radha Shivhare is present in Court and she has been identified by the petitioner no.2Ramesh Shivhare. She has also been identified by counsel for respondent nos.4 to 7 by claiming that on earlier occasion also the counsel, Sri Anand Mohan Pandey for respondent nos.4 to 7 had represented the corpus, petitioner no.1-Km. Radha in Court.

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Heard learned counsel for both the parties and perused the material brought on record.

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In this case-prayer has been made by petitioner no.2-Ramesh Shivhare - the father of the corpusKm. Radha Shivhare-that she is in illegal detention of respondent no.4 to respondent no.7 and she be directed to be produced in the Court and she be set at liberty forthwith as her detention is against her will.

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Pursuant thereto, notices were issued to respondent nos.4 to 7 for filing counter affidavit, whereupon, the aforesaid respondents have put in appearance and have filed counter affidavit, whereby it has been brought to the notice that the averments made in the instant writ petition don't carry element of truth.

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Petitioner no.1 Km. Radha Shivhare-corpus-was interacted by the Court, whereupon she has made

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categorical statement that she has married on her own freewill without any pressure or coercion exercised by respondent no.4-Udit Kishore @ Chhote and it is absolutely incorrect to say that she has been detained by the respondent nos.4 to 7 against her will. She has specifically stated that she is legally wedded wife of respondent no.4-Udit Kishore. She has expressed her desire that she would live in accompany of her husband and would like to leave this Court in his company.

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In view of above categorical statement of the corpus-Km. Radha Shivhare, it is obvious that averments contained in this writ petition are not sustainable and no further action is required.

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Consequently, this petition lacks merit and the same is dismissed

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Km. Radha Shivhare the corpus is set free to go wherever she wishes to go from this moment onward.

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At this state, both the corpus Km. Radha Shivhare and respondent no.4-Udit Kishore have expressed apprehension that they can be assaulted by the petitioner no.2, if they are not given safe passage.

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Sri Yadgar Hussain Rizwi (HCP) is present in Court. He is directed to safely accompany the corpus for and upto her distance as she wishes.

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Let a copy of this order be faxed to the Senior Superintendent of Police, Allahabad before 1:00 P.M. today for ensuring safe passage to the corpusKm. Radha Shivhare to her destination.

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Office is directed to send the copy of this order to the Senior Superintendent of Police, Allahabad for ensuring compliance.

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A copy of this order be also given to the learned A.G.A. for necessary action at his end

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No order as to costs.

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Order Date :- 7.8.2018 S Rawat

Km. Radha Shivhare and Another v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Km. Radha Shivhare and Another v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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