The court dismissed a habeas corpus petition filed by the wife and husband seeking rescue of the wife from the custody of her allegedly abusive husband. The wife's statement indicating her refusal to stay with the husband and desire to return to her late husband's family was treated as evidence to dismiss the petition.
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Court No. - 50
Case :- HABEAS CORPUS WRIT PETITION No. - 1060 of 2022
Petitioner :- Smt Vineeta Devi And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Praveen Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Vakalatnama filed by Sri Kailashnath Singh, learned counsel for the respondent No.5 is taken on record.
Heard learned counsel for the petitioners, learned counsel for the respondent No.5 learned AGA for the State and perused the material placed on record.
Learned counsel for the petitioners submitted that the petitioners solemnized their marriage out of free will and after attaining age of majority and marriage on 30.4.2022 at Alopidevi Temple, Prayagraj and photographs of their marriage have been filed with the affidavit. After their marriage, petitioners began to reside together as husband and wife but presently petitioner No.1 has been detained by respondent Nos. 4 to 7 in their illegal custody and they are not permitting her to meet the petitioner No.1, who is her husband. The life of petitioner No.1 is found to be in danger in the hands of private respondents. Therefore, this petition has been filed by the petitioners.
Statement of the petitioner Smt. Vineeta Devi (Corpus), which is given before the Court, is as under:-
ननाम– वविननीतना वमशना , वपितना कना ननाम - पिनारस ननाथ , आयय - अजनात , पितना - रनाततेह चचौरनाहना , बबयरना ररोड , वनयर पिनाननी ककी टटंककी , पियललिस स्टतेशन दरनामलिगटंज , वडसस्टसक्ट वमरनाኋኋपियर , नते बयनान वकयना वक मम वमरनाኋኋपियर शहर ककी वनविनासनी हहटं , ममनते पिहलिनी शनादनी वविकनास सते ककी थनी , लजनककी ममृत्यय 3 सते 4 सनालि पिहलिते हरो गयनी थनी। उसकते बनाद ममनते ्ቩदय कयमनार वमशना सते शनादनी वकयना जरो वक ्ቚयनागरनाज कते वनविनासनी हहै। महै आज मनाघ मतेलिना मम अपिननी सनाथनी सटंवगयरो कते सनाथ आई थनी और विहनी सते करोटኋኋ मम आयनी हहूሺ। मम अपिनते ममृत पिवत कते घर पिर रहतनी हहूሺ। वविकनास कते वपितना नहीሻ हम। वविकनास ककी मनातनाजनी मतेरते सनाथ करोटኋኋ आयनी हहै। मम ्ቩदय कते सनाथ नहीሻ रहनना चनाहतनी क्योሱवक विह पिनी कर मतेरते सनाथ मनार - पिनीट करतते थते। मम अपिनते ममृत पिवत कते हनी घर पिर रहनना चनाहतनी हहटं , विहनाटं मयझते करोई वदक्कत नहीሻ हहै। सनीमना पिनाण्डतेय मतेरनी ननद हम और सतनीश पिनाटंडतेय मतेरते नन्दरोई हम , यते लिरोग भनी हनावरर अदनालित हहै। मतेरना दतेविर अरुण रनाय
भनी हनावरर अदनालित हहै। मम पिढ़नी ललिखनी नहीሻ हहूሺ।
The corpus Smt. Vineeta Devi, D\o Paras Nath has been produced before this Court escorted by woman Constable Akansha Mishra, Batch No. 3190, Police Station Ghoorpur, District Prayagraj. She is also accompanied by respondent Nos. 4 to 7. The corpus Smt. Vineeta Devi stated before the Court that she was married to Vikas Rai, who died 4 to 5 years before. Thereafter, she solemnized marriage with Hriday Kumar Mishra. However, she parted with his company due to his ill treatment. He used to beat her in a brutal manner. She has come before the Court from the place of her in-laws, who are mother and family members of her late husband Vikas Rai. She is not inclined to associate with petitioner No.2 Hriday Kumar Mishra and intends to go back to the place of her late husband Vikas Rai where she is residing alongwith her mother-in-law and other family members.
Keeping in view the facts and circumstances of the case and the statement of the corpus before the Court on today, wherein she has categorically stated that she is not inclined to join the company of petitioner No.2- Hriday Kumar Mishra. Hence, the present petition is devoid of force and deserves to be dismissed.
Accordingly, the present petition stands dismissed .
The corpus is directed to go back to the place from where she appeared before the Court.
Order Date :- 19.1.2023 Kamarjahan
Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a habeas corpus petition filed to rescind a recent marriage by the wife is maintainable when she alleges cruelty and refuses to join her husband.
Whether the court should allow the wife to go back to her in-laws' place from where she appeared before the court.
Smt Vineeta Devi
Hriday Kumar Mishra
State Of U.P.
Ram Manohar Narayan Mishra
As recorded by the court registry
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