Habeas corpus petition filed on behalf of Smt. Bulbul, a major woman marrying her husband. Court allowed the petition permitting her to escort her husband to Agra after she confirmed marriage and no objection.
Corpus granted liberty to move to residence of husband and directed safe travel to destination.
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Neutral Citation No. - 2023:AHC:147298
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 530 of 2023
Petitioner :- Dharmveer Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gagan Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Sri Devendra Mishra and Sri Arvind Kumar Mishra, Advocates have put in appearance on behalf of corpus namely Smt. Bulbul by filing their Vakalatnama, which is taken on record.
Heard Sri Gagan Pratap Singh, learned counsel for the petitioners, learned A.G.A. for the State, Sri Sri Devendra Mishra and Sri Arvind Kumar Mishra, learned counsel appearing for corpus and perused the record.
This habeas corpus petition has been filed on behalf of Smt. Bulbul through her husband namely, Dharmveer Singh with the allegation that corpus is illegally detained by private respondent no.4.
In compliance of order dated 12.6.2023 corpus, namely, Smt. Bulbul is produced before this Court by Sub Inspector Akhilesh Kumar and Constable Ms. Sonam Rani, Police Station Shahganj, District Agra. Smt. Usha/respondent no.4 is also present before the court.
On being queried, corpus namely, Smt. Bulbul states that she is major and solemnized marriage with Dharmveer Singh/petitioner no.1 and marriage was also registered on 19.1.2023. She further states that she is willing to reside with her husband Dharmveer Singh/petitioner no.1.
In view of above, since, the corpus is at present major and has admitted her marriage with petitioner no.1 and wants to go with her husband petitioner no.1 namely Dharmveer, the present habeas corpus writ petition is liable to be allowed.
The habeas corpus writ petition is allowed and the corpus petitioner no. 2 namely Smt. Bulbul is free to go with person of her choice.
Registrar General of this Court is requested to hand over the bank draft of Rs.30,000/- deposited in compliance of order dated 12.6.2023 to corpus namely Smt. Bulbul.
S.H.O., Shahganj, District Agra is directed to ensure safe travel of corpus Smt. Bulbul along with her husband Dharmveer/petitioner no.1 to the residence of petitioner no.1 in Agra.
Order Date :- 24.7.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether a major woman with no objection to wedding with the petitioner allowing her to accompany the petitioner.
1 provisions across 1 enactments
Dharmveer Singh
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
