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

Neutral Citation No. - 2023:AHC:158817

Court No. - 79

Case :- HABEAS CORPUS WRIT PETITION No. - 145 of 2023

Petitioner :- Smt. Khushbu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhay Pratap Singh,Mohan Kant Baghel Counsel for Respondent :- G.A.,Jagdish Chandra Sharma,Ravindra Kumar Pandey

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Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the State, learned counsel appearing for respondent no.4 and perused the record.

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This habeas corpus petition has been filed on behalf of Smt. Khushbu (corpus) through her husband namely, Rishi Kumar/petitioner no.2 with the allegation that corpus is illegally detained by respondent no.4, who is father of corpus.

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In compliance of order dated 17.7.2023, corpus namely, Smt. Khushbu is produced before this Court by respondent no.4.

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On being queried, the corpus namely, Smt. Khushbu states that she is major and solemnized marriage with Rishi Kumar/petitioner no.2 with her own will and she is willing to go with her husband Rishi Kumar. She further states that she is illegally confined by respondent no.4 and he did not permit the corpus to meet her husband.

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In view of above, since, the corpus is at present major and she has admitted her marriage with petitioner no.2 and wants to go with her husband petitioner no. 2 namely, Rishi Kumar, the present habeas corpus writ petition is liable to be allowed.

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The habeas corpus writ petition is allowed and the corpus petitioner no. 1 namely, Smt. Khushbu is free to go with person of her choice.

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Learned Registrar General of the Court is requested to hand over the bank draft of Rs.30,000/- to the corpus namely, Smt. Khushbu immediately, which was deposited by the petitioner no.2 in her name in compliance of order dated 17.4.2023.

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Order Date :- 8.8.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Smt. Khushbu v. State of U.P. and 3 Others

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Smt. Khushbu v. State of U.P. and 3 Others

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