Allowed

Smt. Manisha Omar and Another v. State of U.P. and 4 Others

Allahabad HC18 Nov 2019HABC/743/2019

Case brief

AI extract

What is this about?

Habeas corpus petition filed by husband and wife for release of wife from illegal detention by respondent No.4. Court heard the corpus who expressed desire to live with husband. Petition allowed with order restraining family members from interference or violence.

What did the court decide?

Corpus petitioner set at liberty to join her husband; family members restrained from interfering with married life or using violence.

Smt. Manisha Omar and Another Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 65

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Case :- HABEAS CORPUS WRIT PETITION No. - 743 of 2019

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Petitioner :- Smt. Manisha Omar And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohd. Sarwar Khan Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Mohd. Serwar Khan, learned counsel for the petitioner and Sri Sanjay Singh, learned A.G.A.-I for the State-respondent.

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This petition has been filed with the following prayer:-

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Issue a writ, order or direction in the nature of Habeas Corpus commanding the Respondent No.4 to produce the Corpus petitioner No.1 before this court and give her in the custody of her husband and in the alternative direct the respondent nos.2 and 3 to recover the corpus petitioner no.1 from the illegal detention of respondent no.4.

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Issue a writ, order or direction in the nature of Habeas Corpus and release the wife of petitioner no.2 in the custody of her husband.

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Submission made by the learned counsel for the petitioners that the petitioners are inter se husband and wife. Their marriage was solemnized on 21.02.2019 according to Hindu custom and rites and after marriage they live happily. It is further submitted that petitioner no.2 Prince Omar though holding the degree of M.B.A. but still he is unemployed and infuriated by this, the father and brother of the corpus i.e. respondent nos. 4 and 5 have kept Smt Manisha in their custody against her wish and desire

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Vide earlier order of this Court dated 2.8.2019 and 17.10.2019 the respondent nos.4 and 5 were directed to produce the corpus petitioner no.1-Smt. Manish before this Court.

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Today, the corpus Smt. Manisha is present before this Court, who has been identified by Sri Mohd. Sarwar Khan, learned counsel for the petitioners.

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On being asked corpus Smt. Manisha informed this Court that petitioner nos.1 and 2 are the husband and wife. Their marriage was solemnized on 21.02.2019 according to Hindu custom and rites and after marriage they live happily.

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In the present case the corpus has expressed her desire to go with her husband - petitioner no.2, who is also present in the Court.

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Thus, keeping in view the facts and circumstances as well as the statement given before this Court, which has also been endorsed on the order sheet of this Court today, this Court deem it fit to set the corpus at liberty to go as per her wishes.

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The family members of the corpus are hereby restrained and they are injuncted from interfering in any manner whatsoever with the married life of the petitioner no.1 and the family member of the

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corpus is restrained and injuncted from indulging in any act of violence with the petitioner no.1 and her husband and in case they flout the order of this Court, they will be personally answerable to this Court.

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With the aforesaid observations and directions, the instant habeas corpus writ petition is stands allowed.

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Order Date :- 18.11.2019 Dev/-

Smt. Manisha Omar and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Smt. Manisha Omar and Another v. State of U.P. and 4 Others

Case brief

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What did the court decide?

What the court decided

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