Court brought petitioner before bench who claimed marriage to husband. Petitioner stated marriage was voluntary and no illegal confinement. Rule nisi discharged, petition dismissed as infructuous.
Writ petition dismissed as infructuous; rule nisi discharged.
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Court No. - 84
Case :- HABEAS CORPUS WRIT PETITION No. - 698 of 2020
Petitioner :- Shikha Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abdul Majeed,Sufia Saba Counsel for Respondent :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Ms. Sufia Saba, learned counsel for the petitioner and Sri Sanjay Sharma, learned Additional Government Advocate appearing for the State respondents.
Pursuant to the rule nisi issued earlier, Shikha Yadav, the detenu, accompanied by Satish Kumar, who she claims to be her husband, have been brought before this Court, by Sri Sita Ram Niranjan, Sub-Inspector, P.S. Sheoli, Kanpur Dehat. The detenu is accompanied by one Satish Kumar who she claims to have married. The detenu and Satish Kumar have been identified by the police officer.
Learned Additional Government Advocate on the basis of enquiry made from the petitioner (detenu), who is present in Court, submits that the petitioner, Shikha Yadav, has stated that she has been duly married with Satish Kumar by her parents on 10.12.2020 and that she is presently living with her husband Satish Kumar. She has specifically stated that the marriage has taken place with her own free will and that she is not in any kind of illegal confinement
Having regard to the aforesaid, the rule nisi is discharged.
The writ petition, in view of the subsequent developments, has been rendered infructuous and is accordingly dismissed.
Order Date :- 6.1.2021 Pratima
(Dr.Y.K.Srivastava,J.)
1 issue framed by the court
Whether the habeas corpus writ petition is maintainable when the petitioner is produced before the court and claims to be with her lawful husband.
Shikha Yadav
State Of U.P.
3 Others
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
