Dismissed¶29

Soniya Sharma Alias Soniya and Another v. State of U.P. and 4 Others

Allahabad HC22 Sept 2020HABC/297/2020

Case brief

AI extract

What is this about?

Soniya Sharma alias Soniya v. State of U.P. and 4 others, Habeas Corpus Writ Petition No. 297 of 2020, decided 22.9.2020 by J.J. Munir, J. Detenue produced under rule nisi dated 26.06.2020; on questioning she denied marriage to petitioner Zuber Ahmad, stated her husband is Bheem Sen Sharma, and wished to return to her parents and husband. Held: not in illegal confinement; rule nisi discharged; writ petition dismissed; detenue escorted back free. Keywords: habeas corpus, illegal detention, rule nisi, detenue's wish, marriage.

What did the court decide?

The detenue-petitioner, Soniya Sharma alias Soniya, is to be escorted back by the Sub-Inspector who brought her to her parents and/or husband, but free. ¶29

Soniya Sharma Alias Soniya and Another Vs State of U.P. and 4 Others — Allahabad HC (2020) — LawSathi Research

¶1

Court No. - 66

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Case :- HABEAS CORPUS WRIT PETITION No. - 297 of 2020

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Petitioner :- Soniya Sharma Alias Soniya And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sameer Khan,Hitesh Pachori Counsel for Respondent :- G.A.,Manish Kumar Pandey

¶4

Hon'ble J.J. Munir,J.

¶5

The detenue-petitioner, Soniya Sharma alias Soniya, has been produced in compliance with the rule nisi issued by this Court on 26.06.2020, by Sub-Inspector Balister Kumar, posted at Police Station - Tajganj, District - Agra, who has identified the detenue Soniya Sharma alias Soniya before this Court. This Court, accordingly, proceeds to ascertain her stand in the matter, which is recorded verbatim :-

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Q. Aapka naam?

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A. Soniya Sharma.

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Q. Aapke pitaji ka naam?

¶9

A. Tara Charan Sharma.

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Q. Aapki aayu?

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A. 21 saal.

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Q. Kahan tak padhi hain?

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A. Inter.

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Q. Kiske paas se aayi hain?

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A. Mata-pita ke paas se.

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Q. Zuber kaun hai?

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A. Dost.

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Q. Shaadi ki hai?

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A. Haa, husband hain Bheem Sen Sharma.

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Q. Zuber se shaadi ki hai?

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A. Nahi.

¶22

Q. Kahan jana chahti hain? A. Ghar.

¶23

Q. Ghar mein kiske paas?

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A. Pati aur mata-pita ke paas.

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Sri Manish Kumar Pandey, learned counsel, has put in appearance on behalf of respondent nos 4 and 5, which is taken on record.

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Heard Sri Sameer Khan, learned counsel for the petitioners, Sri M.K. Pandey, learned counsel appearing for respondent nos. 4 and 5, and learned A.G.A. appearing for the State.

¶27

Looking to the stand of Soniya Sharma alias Soniya, it is apparent that she is not in illegal confinement. It is also clear that she does not accept the fact that she is married to the second petitioner, Zuber Ahmad. She has clearly indicated her wish to go back to her parents and her husband, Bheem Sen Sharma.

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In the circumstances, there is no good ground to make the rule nisi , absolute. The rule, therefore, is discharged and this writ petition stands dismissed .

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The detenue-petitioner, Soniya Sharma alias Soniya, shall be escorted back, by the Sub-Inspector who brought her, to her parents and/or husband, but free.

¶30

Order Date :- 22.9.2020 I. Batabyal

Soniya Sharma Alias Soniya and Another v. State of U.P. and 4 Others

Case brief

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Soniya Sharma Alias Soniya and Another v. State of U.P. and 4 Others

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