Disposed

Varsha Jaiswal and Another v. State of U.P. and 3 Others

Allahabad HC30 May 2022HABC/334/2022

Case brief

AI extract

What is this about?

The court disposed of a habeas corpus petition filed by a newly wedded wife and her husband seeking release from the illegal detention by her father. The corpus stated a desire to live with her husband, who had no objection, leading the court to end the custody dispute.

What did the court decide?

The petition was disposed of noting the corpus's wish to live with her husband. The Registrar was directed to release a Rs. 25,000 demand draft submitted by the husband.

Varsha Jaiswal and Another Vs State of U.P. and 3 Others — Domestic Violence | Allahabad HC (2022)

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Court No. - 92

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Case :- HABEAS CORPUS WRIT PETITION No. - 334 of 2022

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Petitioner :- Varsha Jaiswal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Digvijay Tiwari Counsel for Respondent :- G.A.

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Hon'ble Manish Kumar,J.

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Heard Shri Digvijay Tiwari, learned counsel for the petitioners and learned AGA for the State.

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Present petition has been preferred by the petitioners i.e. corpus and her husband, namely, Anil Kumar against the illegal detention of corpus by the respondent no. 4 i.e. Shri Sanjay Jaiswal-father of the corpus.

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In the present petition, it has been averred that on 08.03.2022, the respondent no. 4 came into his house and forcibly taken away his wife in his absence.

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Learned counsel for the petitioners has submitted that the corpus is legally wedded wife of the respondent no. 2. The petitioners had solemnized marriage on 16.02.2022 and the same has been registered at Marriage Registrar Office, District Gorakhpur on 02.03.2022 (marriage certificate is enclosed as annexure no. 2 to the present petition).

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The petitioner no. 1-Varsha Jaiswal is present before this court in person in compliance of the order of this Court dated 20.05.2022.

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This Court has put certain queries to the corpus i.e. about her name and age, she replied her name is Varsha Jaiswal and she is 26 years old. Further, a query has been put as to with whom she

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wants to live, she replied that she wants to live with her husband i.e. petitioner no. 2-Anil Kumar and does not want to live with her father i.e. respondent no. 4 namely, Sri Sanjay Jaiswal.

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This Court vide its order dated 20.05.2022 has also issued notice to the respondent no. 4, who is present before this court in person and on being put forth certain queries that whether he is against to send her daughter (corpus) with the petitioner no. 2, he replied that she is major and it is her right to take decision on her own as to whom she wants to live. It is further stated before this Court that he has no objection if she wants to go and live with her husband.

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After the statement of the Corpus, where she has stated before this Court that she wants to live with her husband i.e. petitioner no. 2 and the statement of father of the corpus-respondent no. 4 that he has no objection if her daughter wants to live with her husband i.e. petitioner no. 2, nothing remains to be adjudicated in the present petition.

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Considering the aforesaid, present petition is disposed of in terms of the statements of the petitioner no. 1-corpus before this court that she wants to live with her husband-petitioner no. 2.

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At this stage, learned counsel for the petitioners has submitted that in pursuance of the order of this court dated 20.05.2022, the petitioner no. 2 has submitted a demand draft of Rs. 25,000/- in favour of the corpus/petitioner no. 1 in the office of Registrar General of this court. In this regard, an office report dated 27.05.2022 has also been furnished.

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Learned counsel for the petitioners prays for release of the said demand draft in favour of petitioner no. 1 (the Corpus).

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As prayed, the Registrar General of this Court is directed to release the Bank Draft amounting to Rs. 25,000/- in favour of petitioner no. 1 (the Corpus), after proper identification and verification of the Corpus, in accordance with law within a period of two weeks.

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Order Date :- 30.5.2022

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Ashish

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Digitally signed by ASHISH MISHRA Date: 2022.05.31 09:45:10 IST Reason: Location: High Court of Judicature at Allahabad

Varsha Jaiswal and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Varsha Jaiswal and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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