Allowed

Rakhi and Another v. State of U.P. and 5 Others

Allahabad HC25 Aug 2022HABC/490/2022

Case brief

AI extract

What is this about?

This court examined a habeas corpus petition concerning a minor female and her proposed cohabitation with her chosen partner. The corpus petitioner, accompanied by her guardian, stated her desire to live with Arjun and demonstrated capacity for decision-making. The petitioner's guardian was ordered to deposit Rs. 50,000/- as security.

What did the court decide?

The corpus-petitioner was permitted to go and live with Arjun as per her wishes upon the deposit of Rs. 50,000/- security by the petitioner no.2.

Rakhi and Another Vs State of U.P. and 5… — Child Custody and Guardianship | Allahabad HC (2022)

¶1

Court No. - 85

¶2

Case :- HABEAS CORPUS WRIT PETITION No. - 490 of 2022

¶3

Petitioner :- Rakhi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhishek Mayank Counsel for Respondent :- G.A.

¶4

Hon'ble Gautam Chowdhary,J.

¶5

Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the material on record.

¶6

Pursuant to the earlier order of this Court dated 04.08.2022, the corpus-Smt. Rakhi (petitioner no.1) is present before this Court, who is identified by her counsel. The corpus has stated before this Court that today she has been brought before this Court by Sub-Inspector Sunil Giri, PNO 9807700743 along with Lady Constable No. 1962 namely, Supriya Dubey. She has further stated that she loves with Arjun and wants to live with him. She has further stated that she is High School passed and is major and that she can think pros and cons. Lastly not the least, she has stated that she wants to with Arjun and will live with him. The statement of the corpus has been recorded separately on a plain sheet, which has been kept as a part of the record.

¶7

Learned A.G.A. submits that some amount may be directed to be deposited by the petitioner no.2 in the name of the corpus as a security.

¶8

The petitioner no.2 namely, Arjun is also present before this Court and is directed to deposit Rs. 50,000/- in the fixed deposit scheme in the name of corpus, within 15 days from today.

¶9

Perusal of the record shows that the date of birth of the corpus is 11.10.2003 as per her High School certificate, copy of which is annexed as Annexure-1 to the petition, thus is major.

¶10

In view of the statement of the corpus as well as considering the date of birth of the corpus-petitioner, the corpus-petitioner no.1 is free to go and live as her own wishes with Arjun, consequently, the instant habeas corpus petition is allowed.

¶11

Order Date :- 25.8.2022 S.Ali

¶12

Digitally signed by SHAUKAT ALI Date: 2022.08.25 13:08:58 IST Reason: Location: High Court of Judicature at Allahabad

Rakhi and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Rakhi and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pankaj Saini Vs State of U.P. and Another

Shiv Shankar Vs State of U.P. and 15 Others

Dr. Mohammad Akmal Vs State of U.P. and Another

Smt. Neha Vs State of U.P. and 3 Others

Prakash Gupta Vs State of U.P. and Another

Amar Kushwaha Vs State of U.P. and Another