The High Court dismissed the habeas corpus petition where the petitioner, a minor major, initially claimed she was kidnapped and then switched her stand to state she wishes to live with her father and husband, filed a divorce petition, and fears the husband.
The petition was dismissed as the petitioner does not wish to live with her husband.
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Court No. - 92
Case :- HABEAS CORPUS WRIT PETITION No. - 149 of 2022
Petitioner :- Santosh Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Maneesh Kumar Counsel for Respondent :- G.A.
Hon'ble Manish Kumar,J.
Heard Shri Harsh Vijay, Advocate Holding Brief of Shri Maneesh Kumar, learned counsel for the petitioner and learned AGA for the State.
Pursuant to the order of this Court dated 11.03.2022, the petitioner-Santosh is present before this court in person, who has filed the present Habeas Corpus petition against her father and maternal uncle i.e. respondent nos. 4 and 5 respectively.
In the present petition, it has been averred that she was forcibly taken by the respondent nos. 4 and 5 from her matrimonial home. It is further recited in the present petition that she wants to live with her husband, with whom the marriage was solemnized on 08.06.2021.
This Court has also issued notices to the respondent nos. 4 and 5 vide its order dated 11.03.2022. As per the office report dated 16.03.2022, the compliance report has not been received regarding service of notice upon them.
The petitioner-Santosh has stated before this Court that at present she is residing with her father i.e. respondent no. 4 and she wants to live with him. She does not want to go with Shri Virendra Singh i.e. her husband.
On being put forward a specific query that as to why she is taking a different stand than petition as in the petition, it has
been stated that she wants to live with Virendra Singh i.e. her husband and now it is stated before this Court that she wants to live with her father. In reply thereto, it is stated before this court that the present petition was filed under the threat and pressure of Virendra Singh. It is also stated that she has also filed a divorce petition, which is pending.
Shri Virendra Singh is also present before this Court and stated that petitioner-Santosh has solemnized marriage with him with her own sweet will.
Be that as it may, the petitioner-Santosh, who is major, does not want to live with Virendra Singh, thus, she cannot be forced to live with her husband i.e. Virendra Singh and he has not disputed that a divorce petition has been filed by the petitionerSantosh.
In view of the aforesaid, appearance of respondent nos. 4 and 5 is not required as she wants to live with her father i.e. respondent no. 4.
Considering the aforesaid, nothing remains to be adjudicated in the present case, thus, present petition is dismissed in terms of the statements of the petitioner that she wants to live with her father.
Order Date :- 18.4.2022 Ashish
Digitally signed by ASHISH MISHRA Date: 2022.04.19 10:13:52 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a petition for production intends to compel the petitioner against her expressed wish.
Whether the court should adjudicate the custody dispute when the petitioner wishes to stay with her natural father.
Santosh
State Of U P
Respondent No. 4
Respondent No. 5
Virendra Singh
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
