This court dismissed a writ petition under Art. 226 alleging illegal detention of petitioner 1. After production of the corpus, the court found she was unwilling to accompany the petitioners. Therefore, the petition failed and was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- HABEAS CORPUS WRIT PETITION No. - 554 of 2021
Petitioner :- Smt. Sonam And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.,Satya Narayan Yadav
Hon'ble Rajeev Misra,J.
Heard Mr. Bharat Singh, learned counsel for petitioners, learned A.G.A. representing respondents 1, 2 and 3 and Mr. Satya Narayan Yadav, learned counsel representing respondents 4 and 5.
This Habeas Corpus Writ Petition has been filed by petitioner 2 on behalf of petitioner 1 Smt. Sonam, alleging that petitioner 1 is wife of petitioner 2, but she is in illegal custody of respondents 4 and 5. Accordingly, respondents 4 and 5 be directed to produce the corpus and therefore she be released in favour of petitioner 2.
Present Habeas Corpus Writ Petition came up for admission on 25.08.2021, and this Court passed following order:-
"Heard Shri Bharat Singh, learned counsel for the petitioners and Shri Pankaj Saxena, learned AGA-I appearing for the State respondent.
The petitioners claim to have married each other on 13.5.2021 and an application seeking registration of the marriage is also said to have been filed on 7.6.2021 wherein they have shown themselves to be major. It is submitted that the petitioners were living together as husband and wife at their matrimonial home and on 13.6.2021 the petitioner no.1 (wife) was forcibly taken away by respondents no. 4 and 5 (father and maternal uncle of petitioner no.1 respectively). Submission is that the petitioner no.1 is being illegally detained by the respondents no. 4 and 5.
Admit.
Issue notice to Respondent Nos. 4 and 5 returnable by 29.09.2021.
The petitioner no.2 shall deposit a sum of Rs. 10,000/- before the Registrar General, High Court, Allahabad within one week and also take steps for issuance of notice within the same period. Notice shall be issued subject to the said deposit.
Respondents No.4 and 5 are directed to produce the petitioner no.1 on the next date fixed and show cause as to why she should not be set free
from their custody.
Put up on 29.9.2021 in the additional cause list."
Pursuant to order dated 25.08.2021, the corpus Smt. Sonam has been produced before this Court by respondents 4 and 5. Corpus has been examined by Court. On the first question put by Court to the corpus regarding her date of birth, corpus admits that her date of birth is 22.02.2002. Her marriage is said to have been performed on 31.05.2021. As such corpus was aged about 19 years on the date of marriage. On the second question put by Court to the corpus, whether she has been married to petitioner 2, corpus replied in negative. On the third question put by Court to the corpus, whether she is willing to accompany petitioner 2, corpus replied in negative.
On the aforesaid premise, present Habeas Corpus Writ Petition fails and is liable to be dismissed.
It is, accordingly, dismissed.
Presence of petitioner 1 be endorsed on the order sheet by learned A.G.A. and learned counsel representing respondents 4 and 5.
Order Date :- 29.9.2021 HSM
3 issues framed by the court
Whether the petitioners had a negative answer regarding her willingness to accompany them.
Whether the corpus ruler is willing to accompany them
Whether the petitioner s 1 is illegally detained by respondents 4 and 5
Smt. Sonam And Another
State Of U.P. And 4 Others
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
