Dismissed

Elma Bano and Another v. State of U.P. and 3 Others

Allahabad HC8 Sept 2021HABC/270/2021

Case brief

AI extract

What is this about?

This habeas corpus petition sought the production of a minor girl allegedly detained illegally by her father. The minor stated she was living voluntarily with her father. The petition was filed by the girl's alleged legal wife. The court dismissed the petition, finding the detention illegal but noting the girl's voluntary residence.

What did the court decide?

Petition dismissed with costs of Rs. 5000/- imposed on Sahbaz Khan.

Elma Bano and Another Vs State of U.P. and… — Child Custody and Guardianship | Allahabad HC (2021)

¶1

Court No. - 86

¶2

Case :- HABEAS CORPUS WRIT PETITION No. - 270 of 2021

¶3

Petitioner :- Elma Bano And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pushpendra Singh,Anand Pati Tiwari Counsel for Respondent :- G.A.,Araf Khan,L0079

¶4

Hon'ble Umesh Kumar,J.

¶5

Vakalatnama alongwith counter affidavit filed today on behalf of respondent no.4 is taken on record.

¶6

Heard Sri Anand Pati Tiwari, learned counsel for the petitioners, Sri Araf Khan, learned counsel for respondent no.4 as well as learned A.G.A. and gone through the record.

¶7

The instant Petition has been filed by the petitioner no.2 to produce petitioner no.1 who is in illegal detention of respondent no.4.

¶8

The learned counsel for the petitioners states that petitioner no. 1 is legally wedded wife of petitioner no. 2.

¶9

Learned counsel for respondent no. 2 on the basis of High School Certificate, showing date of birth as 1.10.2006, of the corpus submits that the corpus is minor but the petitioner no.2 has procured a forged document showing the corpus as major and has prepared a forged Nikahnama against the will of the corpus. He further submits that against the illegal acts of petitioner no.2 an F.I.R. has also been lodged against him.

¶10

Petitioner- Elma Bano has stated before the Court that neither she has authorized anyone to file this petition nor she has been illegally detained by her father. She is residing with her father on her own sweat will without any compulsion and coercion and expressed her desire to live with her family in future too.

¶11

In compliance of the earlier order dated 25.8.2021, a demand draft of Rs. 20,000/- drawn in favour of Smt. Elma Bano has been prepared but not placed before the Registrar General of this High Court, is directed to hand over the corpus today, which is received by Elma Bano.

¶12

Considering the statement of corpus, arguments advanced by learned counsel for the parties and after perusal of the record, this Court finds that the action of Sahbaz Khan is illegal and

¶13

against the norms of society we are living in.

¶14

In view of the aforesaid, this petition is hereby dismissed with cost of Rs.5000/- which shall be deposited in the head of Legal Aid Services, High Court Allahabad by Sahbaz Khan within a month failing which the same shall be recovered as arrears of Land Revenue from him.

¶15

Order Date :- 8.9.2021 S.Verma

Elma Bano and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Elma Bano 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

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Molai Sharma Vs State of U.P. and 3 Others

Ajay (Minor) Vs State of Up and Another

Arvind Vs State of U P and 2 Others

Vinay Tripathi and Anr. Vs State of U.P. and Another

Anand Kumar Gaud Vs State of Up and Another

Mohit Kumar Vs State of Up and Another