The court dismissed a habeas corpus petition where the corpus affirmed free residence with her father. A consensus reduced the payable amount to Rs.30,000/-, to be deposited by the petitioner's husband.
Petition dismissed; petitioners' husband to deposit Rs.30,000/- to deliver amount to corpus.
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Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 3428 of 2018
Petitioner :- Ayesha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailesh Kumar Srivastava
Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri C.P. Singh, Advocate has filed memo of appearance on behalf of respondent no.4 which is taken on record.
Heard learned counsel for the petitioners, learned A.G.A. for the State, learned counsel for respondent no.4 and perused the material brought on record.
The instant petition has been filed on behalf of the corpus Ayesha through her husband Juber with the prayer to issue a writ, order or direction in the nature of habeas corpus commanding the respondents to produce the corpus Ayesha before this Court and set her at liberty.
Pursuant to the previous order of this Court dated 24.07.2018, the corpus Ayesha has been produced before this Court by Mohammad Akabar - her father, respondent no.4. She has been identified by her counsel Sri Shailesh Kumar Srivastava.
During interaction, the corpus Ayesha has categorically stated that she has not been detained by respondent no.4 against her wishes and she of her own free will is residing with her father- respondent no.4. No coercion or pressure has been applied on her. Despite repeated queries, she refused to favour petitioner no.2 Juber and insisted that she would accompany her fatherrespondent no.4. She claimed that it is absolutely incorrect to say that any fear or pressure has been exercised on her by her father-respondent no.4.
In view of above categorical statement given by
the corpus Ayesha obviously it cannot be said that she has been detained by respondent no.4 against her wishes. Therefore, the averments contained in the instant petition do not carry force. The instant petition being devoid of merits is dismissed.
However, on the consensus arrived at between the parties, the amount of Rs.35,000/- is reduced to Rs.30,000/-. Therefore, on deposition of Rs.30,000/- with the Chief Judicial Magistrate, Ghaziabad by the petitioner no.2, Juber within one month from today, Rs.30,000/- shall be handed to the corpus Ayesha forthwith. In case of default, the same amount shall be realized from petitioner no.2 Juber as fine.
Order Date :- 30.8.2018 rkg
1 issue framed by the court
Whether the petitioner's habeas corpus petition carries merit given the corpus's statement that she resides voluntarily with her father.
Ayesha
Juber
State Of U.P.
Mohammad Akabar
Ayesha's husband
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
