Dismissed

Smt. Om Devi v. State of U.P. and 3 Others

Allahabad HC7 Oct 2021HABC/618/2021

Case brief

AI extract

What is this about?

This habeas corpus petition filed for the marriage solemnized between the petitioners was dismissed. The corpus (wife), a major, explicitly denied the marriage and stated she would not live with the petitioner. The court held she is free to reside where she wants.

What did the court decide?

Present writ petition dismissed; petitioner directed to approach Civil Court by way of suit for restitution of conjugal rights.

Smt. Om Devi Vs State of U.P. and 3 Others — Matrimonial and Divorce | Allahabad HC (2021)

¶1

Court No. - 83

¶2

Case :- HABEAS CORPUS WRIT PETITION No. - 618 of 2021

¶3

Petitioner :- Smt. Om Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Narayan Gupta Counsel for Respondent :- G.A.

¶4

Hon'ble Rajeev Misra,J .

¶5

Heard Mr. S. N. Tripathi, Advocate holding brief of Mr. Satya Narayan Gupta, learned counsel for petitioners, learned A.G.A. representing respondents 1, 2, 3 and Mr. Nanhe Lal Tripathi, learned counsel representing respondent-4.

¶6

This Habeas Corpus Writ Petition has been filed by petitioner-2 Boby Deval on behalf of petitioner-1, Smt. Om Devi Raja (corpus) with a prayer that marriage of petitioner-2 was solemnized with petitioner-1 on 05.08.2021. Marriage of petitioners is also registered under the Gujarat Registration of Marriage Act, 2006. Certificate regarding registration of marriage of petitioners is on record as Annexure-5 to present writ petition.

¶7

Present writ petition came up for admission on 14.09.2021 and this Court passed the following order:

¶8

"Learned A.G.A. has accepted notice on behalf of respondent nos. 1, 2 and 3.

¶9

Issue notice to respondent no.4. Steps be taken within a week.

¶10

List this case on 28.09.2021 as fresh, on which date petitioner no.1 (corpus) shall be produced by respondent no.4 before this Court.

¶11

Boby Deval, through whom instant habeas corpus petition has been filed, is directed to deposit an amount of Rs.20,000/- by way of Bank Draft drawn in favour of Smt. Om Devi (corpus) in the office of the Registrar General of this Court within a period of 5 days from today.

¶12

Learned A.G.A. shall seek instructions in the matter and also ensure presence of Smt. Om Devi (corpus) before this Court on the next date fixed."

¶13

Pursuant to above order dated 14.09.2021, Smt. Om Devi Raja (corpus) has been produced before court and also present.

¶14

Smt. Om Devi Raja (corpus) has been examined by the Court. Corpus has been examined by Court. Court has questioned the corpus on the issue as to whether her marriage was solemnized with petitioner-2, Boby Devel. In reply to aforesaid query raised by this Court, Corpus has categorically denied the same. On the second query of the Court to Smt. Om Devi Raja (corpus) that whether she would like to live with petitioner-2, Boby Deval or with her parents. Smt. Om Devi Raja (corpus) fairly denied to join petitioner-2, Boby Deval.

¶15

7.Corpus is major. As such, she is free to reside whereever she wants. In the aforesaid circumstances, petitioner-2 has remedy by moving a Suit under Section 9 of Hindu Marriage Act for restitution of conjugal rights.

¶16

In view of above, present writ petition fails and is, therefore, liable to be dismissed.

¶17

It is accordingly dismissed.

¶18

Presence of corpus shall be marked in the order-sheet, which shall be endorsed by police concerned, who has brought the corpus to Court as well as learned counsel appearing for petitioner-1 (corpus). Amount deposited by petitioner--Baby Deval pursuant to order dated 14.09.2021 shall be given to courpus within a period of one months from today. Identity of corpus shall be identified by Mr. N. L. Tripathi Advocate, who has put in appearance on behalf of respondent-4.

¶19

Order Date :- 7.10.2021 YK

Smt. Om Devi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Om Devi 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajjo and 4 Others Vs State of U.P. and Another

Smt Nidhirani Vs State of U.P. and Another

Shashi Pandey Vs State of U.P. and Another

Naaved Vs State of U.P. and Another

Anis Ahmad Vs State of U.P. and Another

Rammohan @ Guddu Vs State of U.P. and Another