Habeas corpus petition filed to secure release of Ranjana Kumari, alleged wife of petitioner, from alleged illegal detention by her father. Court held she voluntarily resides with her father and denied marriage, negating illegal confinement; dismissed petition.
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Neutral Citation No. - 2023:AHC:169463
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 373 of 2023 Petitioner :- Vikram Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Babu Vaish Counsel for Respondent :- G.A.,Amar Bahadur Maurya,Sunil Kumar Kushwaha
Hon'ble Vipin Chandra Dixit,J.
Counter affidavit has been filed on behalf of respondent no.4, which is taken on record.
Heard Sri Shyam Babu Vaish, learned counsel for petitioners, learned A.G.A. for the State, Sri Amar Bahadur Maurya, learned counsel appearing on behalf of respondent no.4 and perused the record.
This habeas corpus petition has been filed on behalf of corpus namely, Ranjana Kumari through her husband Vikram Yadav/petitioner no.1 with the allegation that corpus is legally wedded wife of petitioner no.1 and is illegally detained by respondent no.4, who is father of corpus.
In compliance of order dated 2.8.2023 corpus namely, Ranjana Kumari has been produced before this Court by respondent no.4.
On being queried, the corpus namely, Ranjana Kumari denied the factum of marriage with petitioner no.1 namely, Vikram Yadav. She further states that she voluntarily lives with her father namely, Ramesh Chandra/respondent no.4 and is not willing to go with petitioner no.1 namely, Vikram Yadav.
In view of the statement of corpus namely, Ranjana Kumari that she willingly resides with her father, the corpus cannot said to be in illegal confinement of respondent no.4. No cause of action survives. The petition has no force and is liable to be dismissed.
The present habeas corpus petition is dismissed, accordingly.
Learned Registrar General of the Court is requested to hand over the bank draft of Rs.30,000/- to the corpus namely, Ranjana Kumari immediately, which was deposited by the petitioner no.1 in her name in compliance of order dated 2.8.2023.
Order Date :- 23.8.2023/Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether the corpus can be considered in illegal confinement if she voluntarily resides with her father.
Whether a habeas corpus petition survives when the corpus denies marriage to the petitioner and states she is willing to live with her father.
Vikram Yadav
Ranjana Kumari
State Of U.P.
Ramesh Chandra
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
