Habeas corpus petition dismissed as the major wife (corpus) affirmed marriage was voluntary and she desires to live with her husband; order discharged her liberty to move freely.
Discharged liberty of Smt. Chitrangda Pandit to move wherever she wants.
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Court No. - 86
Case :- HABEAS CORPUS WRIT PETITION No. - 198 of 2021
Petitioner :- Tyrone Albert @ Tarun And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Tejasvi Misra Counsel for Respondent :- G.A.
Hon'ble Umesh Kumar,J.
Learned counsel for the petitioners, learned counsel for the respondent no.4 and learned A.G.A. are present.
Today, respondent no.4-Himalaya Parasar is present along with the corpus-Smt. Chitrangda Pandit (petitioner no.2). There is no denial from either of the side about identity of the corpus-Smt. Chitrangda Pandit , who is present before the Court.
Smt. Chitrangda Pandit (corpus) has stated before this Court that she is major, aged about 26 years and has performed marriage with petitioner no.1, Tyrone Albert @ Tarun as per her own free will in Arya Samaj Shajganj, Soron Katra, Agra without any compulsion and coercion and expressed her desire to live with her husband in future.
There is no dispute in respect of her being major.
In this view of the matter, considering the wishes of petitionerSmt. Chitrangda Pandit to go along with her husband-petitioner no.1, Tyrone Albert @ Tarun out of her own free will and the marriage proof, I am of the view that keeping this petition pending would be a futile exercise. Under the assertion made by the petitioner no.2 before this Court today, she is set at liberty as she is competent to move wherever she wants.
With the aforesaid directions, this petition is disposed of. Order Date :- 6.9.2021 MN/-
2 issues framed by the court
Whether a habeas corpus petition should continue when the minor (now major) petitioner affirms free will to live with her husband.
Whether to discharge the petition when the 'corpus' affirms freedom of movement.
Tyrone Albert @ Tarun
Chitrangda Pandit
State Of U P
Himalaya Parasar
Smt. Chitrangda Pandit
petitioner no.2
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
