Held the writ petition is dismissed as the PETITIONER-2, Kamlesh, stated she married the respondent and resides with him voluntarily, denying illegal detention.
Habeas corpus writ petition dismissed based on the statement of the wife that she is living with her husband voluntarily.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 84
Case :- HABEAS CORPUS WRIT PETITION No. - 507 of 2022
Petitioner :- Juvalee Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mandeep Singh Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Learned AGA has filed counter affidavits on behalf of respondent nos. 2 and 3 today in Court, which are taken on record.
Heard learned counsel for the petitioners, learned AGA for the State and perused the record.
Pursuant to the order dated 13.09.2022 passed by this Court, petitioner no.2 Kamlesh (corpus), daughter of petitioner no.1, has been produced before this Court by Inspector Sanjay Kumar (PNO No. 072310032), Sub Inspector Vikram Singh (PNO No. 162158683), Lady Sub Inspector Laxmi Singh (PNO No. 132070142) and Constable 1930 Villium (PNO No. 202150334), Police Station Dibai, District Bulandshaher. On being questioned, she has categorically stated that she has already married Hemant Kumar (respondent no.4) and is living with him. Out of her said wedlock, she is having a child aged about 20 days in her lap. She has further categorically stated that she wants to stay with her husband and she has not been illegally detained by respondent nos. 4 and 5.
In view of the statement made by the petitioner no.2, this habeas corpus writ petition is dismissed.
Order Date :- 20.12.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.12.21 10:14:52 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the habeas corpus petition lies where the petitioner and child have claimed marriage and voluntary cohabitation with an alleged illegal restraint.
Juvalee Singh
Kamlesh
State Of U.P.
Rajiv Gupta
Nadim Alam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
