Dismissed

Santosh Kumar Kesarwani and Another v. State of U.P. and 3 Others

Allahabad HC30 Jan 2023HABC/855/2022

Case brief

AI extract

What is this about?

Petitioner sought habeas corpus for his daughter, claiming illegal custody by a new husband. The 29-year-old corpus stated her marriage was consensual and she did not want to reunite with her father. Consequently, the petition was dismissed.

What did the court decide?

Petitioner's prayers to recover the corpus from the respondent and direct action against private respondents were dismissed.

Santosh Kumar Kesarwani and Another Vs State of U.P. and… — Domestic Violence | Allahabad HC (2023)

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Court No. - 50

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Case :- HABEAS CORPUS WRIT PETITION No. - 855 of 2022

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Petitioner :- Santosh Kumar Kesarwani And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Narendra Kumar Pathak Counsel for Respondent :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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Heard learned counsel for the petitioners and learned AGA for the State.

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Present habeas corpus writ petition has been filed by the petitioner with following prayer:

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i) issue a writ, order or direction in the nature of habeas corpus directing the respondents authorities to recover the corpus petitioner from the custody of the private respondents and to produce her before this Court and thereafter release her in favour of the petitioner no. 2.

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ii) issue a writ, order or direction in the nature of mandamus directing the respondents authorities to take the strict action against the private respondents in accordance with law.

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iii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

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In compliance of the order dated 11.1.2023, corpus Roshani Kesarwani has been produced before the Court by S.I. Vinay Kumar Singh, accompanied with respondent no. 4 Shivin Jaiswal. The statement of the corpus Roshini Kesarwani has been recorded before the Court in which she has stated that her age is 29 years, name of her father is Santosh Kumar Kesarwani, at present she is residing with respondent no. 4 Shivin Jaiswal in a rented house near Khan Chauraha, Naini, Prayagraj, she has solemnized marriage with respondent no. 4 with her free will at Arya Samaj Temple, Prayagraj on 17.8.2022, their marriage is out of love affairs without any pressure or compulsion; she categorically stated that she is not willing to reunite with her father.

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In view of the statement made by corpus Roshini Kesarwani, I do not find any force in the present habeas corpus writ petition and the same is liable to be dismissed.

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The petition is dismissed in the light of the statement made by the corpus before the Court.

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The corpus is permitted to go back to the place from where she has been brought before the Court.

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Order Date :- 30.1.2023 Dhirendra/

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Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad

Santosh Kumar Kesarwani and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Santosh Kumar Kesarwani and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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