Dismissed

Smt. Muskan Rani and Another v. State of U.P. and 6 Others

Allahabad HC7 Aug 2023HABC/620/2023

Case brief

AI extract

What is this about?

The High Court dismissed a habeas corpus petition filed by a wife seeking the release of her mother-in-law (who was produced before the court) on grounds of alleged illegal detention. The corpus, being major, stated she resides voluntarily with her father and denied the marriage, negating the cause of action.

What did the court decide?

Petition dismissed; security money of Rs.25,000/ to be returned; safe travel of corpus to parents' house directed.

Smt. Muskan Rani and Another Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:157888

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Court No. - 79

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Case :- HABEAS CORPUS WRIT PETITION No. - 620 of 2023 Petitioner :- Smt. Muskan Rani And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Alok Kumar Srivastava,Yogesh Kumar Counsel for Respondent :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Alok Kumar Srivastava, learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

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This habeas corpus petition has been filed on behalf of Smt. Muskan Rani through petitioner no.2 with the allegation that corpus is illegally detained by respondent nos.5 to 7.

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In compliance of order dated 20.7.2023 corpus, namely, Smt. Muskan Rani is produced before this Court by Sub Inspector Shishupal Singh and Constable Ms. Khushaboo Rani, Police Station Crossing Republic, District Ghaziabad.

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On being queried, the corpus Smt. Muskan Rani denied the factum of marriage and states that marriage was forcibly registered by the petitioner no.2 against her wish. She further states that she presently resides with respondent no.5, who is her father. She also states that she is willing to go and reside with her father and she denied any relation with petitioner no.2.

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In view of the statement of corpus, namely, Smt. Muskan Rani, she is major and she voluntarily resides with her father. No cause of action survives. The petition has no force and is liable to be dismissed.

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The present habeas corpus petition is dismissed, accordingly.

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Learned Registrar General of the Court is requested to hand over the bank draft of Rs.25,000/- to the corpus namely, Smt. Muskan Rani immediately, which was deposited by the petitioner no.2 in her name in compliance of order dated 20.7.2023.

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Sub Inspector Shishupal Singh and Constable Ms. Khushaboo Rani, Police Station Crossing Republic, District Ghaziabad are directed to ensure the safe travelling of corpus namely, Smt. Muskan Rani to her parents' house.

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Order Date :- 7.8.2023/Kpy

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

Smt. Muskan Rani and Another v. State of U.P. and 6 Others

Case brief

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Smt. Muskan Rani and Another v. State of U.P. and 6 Others

Case brief

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What the court decided

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