A habeas corpus petition challenging the petitioner's illegal detention by her father was dismissed. The court held that the petitioner stated she resides with her father and is willing to accompany him, negating any claim of illegal confinement.
Refund of the bank draft of Rs. 40,000/- deposited by the petitioner.
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Neutral Citation No. - 2023:AHC:164299
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 542 of 2023 Petitioner :- Smt Prachi Singhal (Corpus) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Mishra,Anand Kumar Pandey,Nikil Pathak
Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Sri Aishwarya Pratap Singh, Advocate has put in appearance on behalf of respondent no.4.
This habeas corpus petition has been filed on behalf of corpus, namely Smt. Prachi Singhal through her husband, namely Hemant Sharma with the allegation that corpus is illegally detained by respondent no.4.
In compliance of order dated 21.07.2023, corpus has been produced by Sub-Inspector, Sri Sri Pal Singh (PNo. 972541307) and Head Constable, Ms. Kunta Chaudhary (PNo.- 962290017 ) P.S.- Kakod, District- Bulandshahr.
On being queried she denied the factum of marriage. She further states that presently she is residing with her father, namely Nand Kishore, who is arrayed as respondent no.4. She further states that she is willing to go with her father.
In view of statement of corpus, she cannot be said to be in any illegal confinement of respondent no.4, who is father of corpus.
No cause of action survives and habeas corpus petition is liable to be dismissed.
The habeas corpus petition is dismissed , accordingly.
Registrar General, High Court Allahabad is requested to refund the bank draft of Rs. 40,000/- in the name of corpus, deposited by petitioner no.2 in compliance of order dated 21.07.2023 to corpus, namely Smt. Prachi Singhal forthwith.
Order Date :- 16.8.2023 Virendra/P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner is in illegal confinement by her father, given her statement that she resides with him.
Whether the factum of marriage between the petitioner and the husband can be established.
Smt Prachi Singhal
Hemant Sharma
State Of U.P.
Nand Kishore
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
