Km. Anjana Gautam and Another Vs State of U.P. and 4 Others — Allahabad HC (2020) — LawSathi Research

Km. Anjana Gautam and Another Vs State of U.P. and 4 Others — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Rule nisi discharged and petition dismissed, subject to the direction that the 4th respondent invest Rs. three lacs in a five-year FDR with a nationalized bank in the name of Anjana Gautam d/o Kiran Pal, w/o Nadeem, to be handed over to her, with the 4th and 5th respondents forbidden from dealing with or encashing it without her written consent and the bank Manager acting only on her written instructions.

Issue for consideration

Whether the detention of Kumari Anjana Gautam is unlawful so as to justify making the rule nisi absolute in the habeas corpus petition. +1 more

Court's answer

The detenue Kumari Anjana Gautam is a major and, going by the stand she recorded in Court, wishes to reside with her husband Mohd. Nadeem at her matrimonial home; consequently no case of unlawful detention is made out and the rule nisi is discharged.

Ratio / Principle

To meet the apprehension about the first petitioner's security in the event of divorce by the 4th respondent, Sri A.Z. Khan, on his client's instructions, agreed to invest Rs. three lacs in a five-year FDR with a nationalized bank in the name of Anjana Gautam d/o Kiran Pal, w/o Nadeem, to be handed over to her; the 4th and 5th respondents are forbidden from dealing with or encashing the FDR without her written consent, and the bank Manager shall act only on her written instructions.

Detailed headnote1 paragraphs

Habeas Corpus Writ Petition No. 291 of 2020 (decided 9.9.2020, Hon'ble J.J. Munir, J.): In compliance with the rule nisi issued on 31.08.2020, detenue Kumari Anjana Gautam was produced before the Court and identified by lady constable Anuradha (L.C. No. 1675, P.S. Charthawal, District Muzaffarnagar). Her stand was recorded verbatim: aged 24, educated up to B.A. final, married to Mohd. Nadeem (s/o Shamim), she wished to live with her husband at her sasural. As the detenue is a major and resides of her own volition, no case of unlawful detention was made out; the rule was discharged and the petition dismissed. On learned counsel's apprehension for the first petitioner's security were the 4th respondent to divorce her, the 4th respondent (through Sri A.Z. Khan) undertook to invest Rs. three lacs in a five-year FDR with a nationalized bank in the name of Anjana Gautam d/o Kiran Pal, w/o Nadeem, to be handed over to her; the 4th and 5th respondents were forbidden from dealing with or encashing the FDR without her written consent, and the bank Manager was directed to act only on her written instructions.

Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 291 of 2020

Petitioner :- Km. Anjana Gautam And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Apul Misra Counsel for Respondent :- G.A.,A.Z.Khan

Hon'ble J.J. Munir,J.

In compliance with the rule nisi issued on 31.08.2020, Kumari Anjana Gautam has been produced before the Court by lady constable, Anuradha (L.C. No. 1675) posted at P.S. Charthawal, District Muzaffarnagar, who has identified her. The Court, accordingly, proceeds to record the stand of Kumari Anjana Gautam verbatim :

Q. Aapka naam?

A. Anjana Gautam.

Q. Aapke pitaji ka naam?

A. Kiran Pal Gautam.

Q. Aapki aayu?

A. 24 years.

Q. Aap Kaha tak padhi hai?

A. B.A. final tak.

Q. Aapne Shadee ki hai?

A. Jee ha.

Q. Kisse kee hai?

A. Mohd. Nadeem se.

Q. Nadeem ke pitaji ka kya naam hai?

A. Shamim.

Q. Aap kiske pas rahana chahati hai?

A. Nadeem ke pas apne sasural me.

Heard Sri Apul Mishra, learned counsel for the petitioner and Sri A.Z. Khan, learned counsel appearing on behalf of

respondent nos. 4 and 5.

Looking to the stand of the detenue and the fact that she is a major, there is no case of unlawful detention made out.

Sri Apul Mishra has expressed an apprehension about the security of the first petitioner, Km. Anjana Gautam, in the event, the 4th respondent, Nadeem were to divorce her. On this, Sri A.Z. Khan, on instructions received from his client, is agreeable to invest in an FDR with a nationalized bank a sum of Rs. three lacs for a term of five years. The FDR shall be purchased in the name of Anjana Gautam d/o Kiran Pal, w/o Nadeem and shall be handed over to the first petitioner, Anjana Gautam. The 4th and the 5th respondent shall remain forbidden from dealing with the said FDR or encashing it without the written consent of the first petitioner. The Manager of the bank, where the sum of money is invested, shall act on the written instructions of Anjana Gautam alone in dealing with the FDR so purchased. Subject to the above investment in favour of Anjana Gautam, no case for making the rule absolute is made out. The rule is discharged. The petition is dismissed .

Order Date :- 9.9.2020 BKM/-