Corpus produced before Court voluntarily and stated marriage and wish to live with husband. Habeas corpus petition dismissed as no illegal detention established.
Writ petition dismissed as corpus established she is not illegally detained.
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Court No. - 87
Case :- HABEAS CORPUS WRIT PETITION No. - 289 of 2022
Petitioner :- Deeksha Kushwaha (Corpus) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pratik Chandra,Asha Parihar Counsel for Respondent :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Ms. Asha Parihar, learned counsel for the petitioner and learned AGA for the State and perused the record.
This petition has been filed for production of the corpus/petitioner no.1 Deeksha Kushwaha, aged about 24 years and it has been prayed that an order/direction/writ in the nature of habeas corpus be issued for production of the corpus before this Court, who is in illegal detention of respondent no.4.
Today, the corpus Deeksha Kushwaha has produced before Court through Sub Inspector Anil Kumar Police Station Kotwali Orai, District Jalaun and constable Ms. Lavlesh. The corpus has given statement before this Court that she is major aged about 24 years. She is pursuing B. Pharma. She has married to Kaushlendra Kushwaha, the respondent no.4 on 14.03.2022 at Saket Court, New Delhi and presently she is living with her husband happily. She is not illegally detained by anybody. She has refused to go with her mother Smt. Harvansh Kumari, the petitioner no.2.
Record further shows that an FIR of the alleged incident has also been lodged against the respondent no.4 in which final report has been submitted.
Considering the facts and circumstances of the case as well as in view of the statement made by the corpus before this Court, the present writ petition is dismissed .
Order Date :- 12.5.2022 Ajeet
Digitally signed by AJEET KUMAR PATEL Date: 2022.05.12 15:24:52 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner is illegally detained by her husband and requires production via habeas corpus.
Whether a habeas corpus petition should be dismissed if the detention claims are found to be false.
Deeksha Kushwaha
Harvansh Kumari
State Of U.P.
Kaushlendra Kushwaha
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
