Dismissed

Salini Tripathi and Another v. State of U P and 3 Others

Allahabad HC7 Sept 2020HABC/420/2020

Case brief

AI extract

What is this about?

Habeas corpus petition filed by the detained petitioner's father alleging unlawful custody. The court examined the petitioner's age and marital status upon record. Since the petitioner was a major married to the fourth respondent, the rule was discharged and the petition dismissed.

What did the court decide?

Habeas corpus petition dismissed; rule nisi discharged.

Salini Tripathi and Another Vs State of U P and 3… — Matrimonial and Divorce | Allahabad HC (2020)

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Court No. - 66

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Case :- HABEAS CORPUS WRIT PETITION No. - 420 of 2020

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Petitioner :- Salini Tripathi And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sanjay Dubey,Pankaj Dwivedi Counsel for Respondent :- G.A.

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Hon'ble J.J. Munir,J.

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Heard Sri Pankaj Dwivedi, learned counsel for the petitioner and Sri Nagendra Pratap Singh, learned counsel appearing on behalf of respondent no. 4.

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An affidavit of compliance has been filed by Anurag Arya, Superintendent of Police, Pratapgarh. He has produced the detenue before the Court and has indicated good reasons in the affidavit why compliance, with the rule nisi issued earlier, was delayed. The explanation offered is accepted and the personal presence of Anurag Arya, Superintendent of Police, Pratapgarh is exempted.

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This habeas corpus petition has been filed by the father of the detenue, Shalini Tripathi with a prayer that she may be summoned and ordered to be set at liberty and permitted to stay with her father, petitioner no. 2. He has alleged that the first petitioner is in the unlawful custody of respondent no. 4.

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Shalini Tripathi has been produced before this Court by lady constable, Chanchal (P.N.O.-192611031) posted at P.S. Jethwara, District Pratapgarh, who has identified Shalini Tripathi before this Court. This Court, accordingly, proceeds to record Shalini Tripathi's stand in the matter of her claim of unlawful detention verbatim:

Q. Aapka Naam?

A. Shalini Tripathi.

Q. Aapki Aayu?

A. 19 years.

Q. Aapke Pitaji Ka Naam?

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A. Nand Kishor Tripathi.

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Q. Aapne Shadee kee hai?

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A. yes sir.

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Q. Kisse Ki hai?

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A. Ravi Singh se.

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Q. Ravi Singh Ke Pitaji ka kya naam hai?

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A. Uday Raj Singh.

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Q. Aap Kaha Rahna Chahti hai?

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A. Apne pati ke sath.

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Learned counsel appearing for the 4th respondent pointed out that the petitioner's age, going by her high school mark-sheet is above 18 years for the present. The first petitioner is, thus, clearly a major and she is entitled to stay wherever she likes and with whomsoever she wants. She has categorically said before the Court that she has married the 4th respondent and wants to stay with him. There is, therefore, no justification, in this Court's opinion, to make the rule absolute. The rule is discharged and this petition is dismissed .

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Smt. Shalini Tripathi, who is present in Court, is free to go along with her husband, who has also appeared along with her.

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Order Date :- 7.9.2020 BKM/-

Salini Tripathi and Another v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Salini Tripathi and Another v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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