Habeas corpus petition filed by husband alleging illegal detention of his new wife by her father. Corpus denied marriage and claimed voluntary residence. Petition dismissed as abuse of process.
Petition dismissed with costs of Rs. 50,000/- payable by petitioner as arrears of land revenue.
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Neutral Citation No. - 2023:AHC:164414
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 457 of 2023
Petitioner :- Smt. Kusma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
List has been revised. No one is present on behalf of the petitioner No.2 to press this petition. Learned AGA is present for respondent nos. 1 to 3.
This habeas corpus writ petition has been filed on behalf of corpus namely, Smt. Kusma through her husband Heeralal-petitioner no.2 with the allegation that corpus is illegally detained by respondent no.4 who is father of the corpus.
It is stated in paragraph 4 of the writ petition that corpus is legally married wife of petitioner no.2 and the said marriage was solemnized on 19.2.2023.
This Court vide order dated 20.7.2023 directed the respondent no.4 to produce corpus before this Court and petitioner no.2Heeralal was also directed to deposit Rs.25,000/- in the name of corpus before the Registrar General, High Court, Allahabad.
As per office report dated 11.8.2023, the amount as directed by the Court, has not been deposited by petitioner No.2Heeralal in compliance of order dated 20.7.2023.
Corpus namely, Kusma has been produced by SI Suresh Chandra, Police Station Dhanari, District Sambhal. Respondent no. 4 is also personally present before the Court.
On making query, corpus Kusma denied the factum of marriage and stated that she voluntarily resides with her father-respondent no.4 and she is not illegally detained by respondent no.4.
It appears that the present petition has been filed by petitioner no.2 Heeralal for custody of corpus on false allegations. No one is present to press the petition. This petition is an abuse of process of law which amounts to harassment of corpus and her family members as well as police personnel.
In view of above statement of corpus, she cannot be said to be in illegal confinement of respondent no.4, who is father of corpus. The present habeas corpus writ petition is accordingly dismissed with cost of Rs.50,000/-.
The petitioner is directed to deposit bank draft of Rs.75,000/(Rs.50,000/- as per order of date and Rs.25,000/- as earlier directed by this Court vide order dated 20.7.2023) in the name of corpus-Kusma, before the Registrar General, High Court, Allahabad within one month from today which is payable to corpus-Kusma, failing which it is open for the corpus to recover the same as arrears of land revenue from petitioner no.2 Heeralal.
Order Date :- 16.8.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the corpus was illegally detained by her father, respondent no. 4.
Smt. Kusma
Heeralal
State Of U.P.
Respondent no. 4
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
