This court dismissed the habeas corpus writ petition after the corpus petitioner categorically denied any marital relationship with the other petitioner and confirmed her presence before the father, finding the petitioner's deposition devoid of merit.
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Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 3345 of 2018
Petitioner :- Shradha Kushwaha And Another Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Sanjay Singh,Jagdish Prasad Mishra Counsel for Respondent :- G.A.,Rajeev Kumar Saini
Hon'ble Arvind Kumar Mishra-I,J.
Pursuant to the previous order dated 4.7.2018 passed by this Court, notices have been served and Rs.20,000/- has been deposited as directed by that order and petitioner no.1-Smt. Shradha Kushwaha-the corpus is present in the Court.
Learned counsel for the respondents no.4 and 5, Shri Rajeev Kumar Saini has filed counter affidavit on behalf of respondent no.4 and 5, wherein the averments contained in the habeas corpus petition have squarely denied and it has been submitted that the claim raised to the ambit that petitioner no.1 was or is legally wedded wife of petitioner no.2-Shyam Babu. Respondent no.4-Shiv Naresh Kushwaha is the father of corpus-petitioner no.1Smt. Shradha Kushwaha. Respondent no.4 has identified his daughther Smt. Shradha Kushwaha in the Court. In turn Shiv Naresh Kushwaha has identified by his counsel, Sri Rajeev Kumar Saini.
Notices on behalf of respondent nos.1, 2 and 3 have been accepted by the learned A.G.A.
Petitioner no.1-Smt. Shradha Kushwaha has denied the claim made in this habeas corpus petition and has claimed that behaviour of petitioner no.2 is created lot of embarrassment and causing annoying situation in her life. She further submitted that she never got married with petitioner no.2 nor has ever indulged in any such activity. She further submitted that she has come to his father-Shiv Naresh Kushwaha-respondent no.4.
In view of categorical statement made by the petitioner no.1-the corpus that she has got no concern with petitioner no.2-Shyam Babu and the averments contained in the writ petition and in the affidavit are devoid of merit and don't carry any force.
Consequently, this habeas corpus writ petition lacks merit and the same is dismissed .
Order Date :- 8.8.2018 S Rawat
Shradha Kushwaha
Shyam Babu
State Of U.P.
Shiv Naresh Kushwaha
Arvind Kumar Mishra
As recorded by the court registry
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