Allowed

Asma v. Union of India and 2 Others

Allahabad HC3 May 2019WRIC/15378/2019

Case brief

AI extract

What is this about?

The court observed that despite a prior order mandating a fixed deposit for a writ petitioner as a condition, the petitioner is in urgent need. Consequently, this court directed the concerned Post Office to immediately release the entire deposited amount of Rs. 50,000 in favour of the petitioner.

What did the court decide?

Direction to the concerned Post Office to release the entire amount of Rs. 50,000 deposited by the petitioner's husband in her favour forthwith.

Asma Vs Union of India and 2 Others — Service and Employment | Allahabad HC (2019)

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Court No. - 32

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Case :- WRIT - C No. - 15378 of 2019

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Petitioner :- Asma Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Mridul Chandra Tiwari,Manish Chandra Tiwari Counsel for Respondent :- A.S.G.I.

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Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.

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This writ petition has been filed, inter alia, for the following relief:

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"(a) issue a writ, order or direction in shape of mandamus directing the U.P. Dakpal, Pakbada Moradabad to decide the representation dated 25.1.2019 to pay the fix deposit with interest if possible within two weeks."

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From perusal of the record, it transpires that the petitioner along with her husband namely Naeem had filed a writ petition, being Criminal Misc. Writ petition NO. 17628 of 2013, Asma and others Vs. State of U.P. and others wherein this court by its order dated 16.9.2013 had directed the husband of the petitioner to deposit a sum of Rs 50,000/- in a fixed deposit scheme of a nationalised bank /post office for a period of not less than three years in the name of the petitioner Asma. This court while passing the said order had made it clear that the amount so deposited by the husband of the petitioner shall not be encashed before its maturity under

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any circumstances except with the leave of this court.

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In pursuance of the said order, the husband of the petitioner namely Naeem deposited the aforesaid amount of Rs . 50,000/- by means of two F.D.Rs., one of Rs. 20,000/- vide Account NO. 154099 and second of Rs. 30,000/- vide account no. 154098 on 12.10.2013 and 10.10.2013 respectively in the post office namely Chaudharpur Pakbara Amroha.

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Learned counsel for the petitioner submits that by order dated 18.2.2014 this writ petition has been finally disposed of with a direction to the investigating Officer to file a police report taking into consideration the age and the statement of abductee recorded under section 164 Cr.P.C. He further submits that the abductee in her statement recorded under section 164 Cr.P.C. has specifically stated that she has married Naeem out of her own will and volition and both of them are living peacefully as husband and wife .

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He further submitted that this court while passing the order dated 16.9.2013 had put an embargo observing that the said F.D.Rs. shall not be encashed before its maturity except with the leave of the court. The amount so deposited in the post office is not being released in favour of the petitioner though she has made several applications and requests for releasing the said amount as she is in a very urgent need of the

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money, therefore, the concerned post office may be directed to permit the petitioner to encash the F.D.Rs. deposited by her husband in her favour.

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Heard learned counsel for the petitioner, Mr. Shesh Mani Misra, learned counsel for the respondents and perused the record.

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Considering the facts and circumstances of the case and also the submissions made by the learned counsel for the parties, we direct the concerned Post Office, where the aforementioned amount of Rs. 50,000/- is deposited in the form of two Fixed Deposit Receipts , one of Rs. 20,000/- vide Account NO. 154099 and second of Rs. 30,000/- vide account no.154098 on 12.10.2013 and 10.10.2013 respectively, to release the entire amount in favour of the petitioner forthwith.

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Order Date :- 3.5.2019 MLK

Asma v. Union of India and 2 Others

Case brief

What is this about?

What did the court decide?

Asma v. Union of India and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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