Habeas corpus petition filed alleging illegal custody of Krishna Deo Upadhyay after family intervention in marital dispute. Corcus stated he resides with family and does not wish to stay with wife. Court dismissed petition as no evidence of illegal custody.
Petition dismissed; corpus directed to return to place where produced.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- HABEAS CORPUS WRIT PETITION No. - 843 of 2022
Petitioner :- Sri Krishan Dev Upadhyay And Another Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Vijay Tripathi,Ajay Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Vakalatnama has been filed by Sri Rajesh Kumar Srivatava and Gaurav Srivastava, on behalf of private respondents and the same is taken on record.
Heard Sri Vijay Tripathi, learned counsel for the petitioner, learned counsel for the private respondent and learned A.G.A. for the State.
Instant habeas corpus petition has been filed on behalf of petitioner Krishna Deo Upadhyay through Mamta Upadhyay who is stated to be legally wedded wife of corpus. Prayer has been made in the petition for the relief of issuing writ order or direction in the nature of habeas corpus directing respondent nos. 1 to 8 to produce corpus before this Court and respondent nos. 2 and 3 may be directed to recover corpus and produce him before this Court and further that suitable orders be passed as the court thinks proper in the case.
Statement of corpus Krishna Deo Upadhyay is as under:-
" ननाम - ककष्णददेव उपनाध्यनाय , उम -20 वरर , पदेशना - अध्ययन , पपतना सत्यददेव उपनाध्यनाय , थनानना - मदेन मनाकरट मलपपुरना , आगरना , नदे बयनान पकयना पक अपनदे घर सदे आयना ह ह , मदेरदे सनाथ मदेरदे मनाह - बनाप आयदे हहै। महैनदे ममतना सदे अपननी मरቌኍ सदे शनादनी पकयना , हम ललोग बनाललग हहै , महैनदे पदननाहकक 19.08.2022 कलो पहहदद पववनाह सहस्थनानम सपमपत मम शनादनी पकयना। मम बनी०ए० तकतनीय वरर कना छनात ह ह । मदेरनी शनादनी कना पहरनीयन भनी हलो गयना हहै। शनादनी कदे बनाद मम अपनदे मनाह - बनाप कदे सनाथ रहतना ह ह , लड़ककी भनी अपनदे मनाह - बनाप कदे सनाथ रहतनी हहै। मपुझदे मदेरदे मनाह - बनाप ममतना कदे पनास सदे रबरदस्तनी नहीሻ लनायदे हहै। शनादनी कदे बनाद पकरनायदे कदे मकनान मम हम और ममतना 45 पदन एक - ददसरदे कदे सनाथ ददसरदे रनाज्य मम रहदे हहै। हमनारनी शनादनी मदलतक पदेम पववनाह थनी , रलो महपदर मम सहप्ቐ हहआ। ममनदे शनादनी , ममतना कदे ररश्तेनारोሲ कदे दबनाव सदे पकयना थना द , मदेरनी कलोई सहमपत नहीሻ थनी। मम ममतना कदे सनाथ नहीሻ रहनना चनाहतना। "
Corpus Krishna Deo Upadhyay has been produced before court pursuant to order of this Court. Statement of corpus has been recorded before this Court in which he has stated that he is aged
about 20 years and is pursuing his studies of graduation. He has come before the Court along with mother and local police. He is resident of Agra. The corpus admitted to have married with de facto petitioner Mamta Upadhyay but he has denied the fact that he has been forcibly taken away by his parents and family members from the company of de facto petitioner Mamta Upadhyay. He has also stated that he is residing with his family members and is not willing to reside with de facto petitioner Mamta anymore.
Learned counsel for the petitioners submits that the corpus Krishna Deo Upadhyay and deponent Mamta Upadhyay solemnized their marriage according to Hindu rites and rituals in Bhopal on 19.8.2022, driven by previous love affairs and they were started living as husband and wife. Petitioner and deponent had attained age of majority at the time of marriage and both are major according to their date of birth mentioned in respective documents. On 14.9.2022 when the petitioner along with corpus came to place of corpus, private respondents started abusing, using derogatory words to the petitioner and took corpus and deponent to P.S.. Thereafter they were separated at the instance of their family members/private respondents on intervention of local police. Corpus was kept in illegal custody of private respondents against his will, therefore production of corpus was prayed for in the petition before this Court to receive his desire and true facts attending to present case.
Considering submissions of learned counsel for the parties and taking into consideration statement of the corpus, it cannot be said that he is kept in illegal custody of private respondents, in fact they are his family members, and he has not stated that he is held in custody by his parents or family members against his will, therefore, instant petition is devoid of any force presently and is liable to be dismissed.
Accordingly, instant petition is dismissed in the manner.
Corpus is directed to go back to the place from where he was produced before this Court.
Order Date :- 18.1.2023
A.P. Pandey
Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the corpus Krishna Deo Upadhyay was held in illegal custody against his will requiring habeas corpus relief?
Whether the relationship between the petitioner and corpus mandates judicial intervention in the matter of cohabitation?
Krishan Dev Upadhyay and Another
State of UP
Mamta Upadhyay
Krishna Deo Upadhyay
Ram Manohar Narayan Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
